Transfer of Undertakings in Employment Contracts: Between Protection and the Risk of Evasive Use

Commentary on Supreme Court Ruling 1090/2025 of 18 November

Abstract

This paper examines Supreme Court Judgment 1090/2025 of 18 November concerning the limits of transfer of undertakings in employment relationships. Although it does not introduce new doctrinal developments, the ruling is of particular interest as it reaffirms the distinction between statutory, collectively agreed and contractual transfers, and rejects interpretations that equate the mere continuity of employment with the existence of a transfer of undertakings under Article 44 of the Spanish Workers’ Statute. It also provides an opportunity to reflect on the current purposes of labour law and its relationship with civil law.