Remote work, work-life balance and business administration: The unequal enjoyment of remote work between management and lower-ranking employees

Commentary on Supreme Court Ruling 142/2026 of February 5

Abstract

Ruling 142/2026 of February 5, issued by the Social Chamber of the Supreme Court in response to a lawsuit filed by the UGT union, analyzes the potential for discrimination and unequal treatment in access to remote work between employees covered by the company's collective bargaining agreement (mostly lower-ranking staff) and those excluded from it (mostly management and higher-ranking personnel).
In a landmark ruling, the Court acquitted the defendant company, finding that allowing only one group of employees (higher-ranking staff excluded from the agreement) to work remotely from a different address during their vacation period is not discriminatory. This decision, as analyzed in detail in this study, was based on the argument that services are provided under different legal frameworks.