The extension of the guarantee of indemnity to labour claims of rights brought through workers' legal representatives

Commentary to Constitutional Court Ruling 148/2025 of 9 September

Abstract

Constitutional Court Ruling 148/2025 broadens the scope of the guarantee of indemnity enshrined in Article 24(1) of the Spanish Constitution by extending its protection to labour claims channelled through workers' legal representatives. The Court affirms that an employee who resorts to internal social-dialogue mechanisms cannot be left unprotected against employer retaliation, even if they have not expressly indicated an intention to bring the matter before the courts. This commentary examines the reach of this doctrine and its relevance for consolidating an extrajudicial protection of labour rights, as well as its connection with recent legislation and with European law on safeguards against reprisals.