Consultation on the legal representation of workers on remote work agreements

Commentary on Supreme Court Ruling 476/2026 of May 12

Abstract

The judgment under analysis concerns the challenge brought by various trade unions against the remote work agreements signed by certain workers with the company Unísono Soluciones de Negocio, SA. Specifically, an alleged infringement of trade union freedom is invoked on the grounds that the information and consultation rights of the workers' legal representatives were violated when establishing framework agreements on remote work which were subsequently applied to specific workers. As a result, the trade unions sought the annulment of those template agreements, as well as of certain template clauses relating to the tools and means provided or to the reversibility of remote work, among others. They also sought the corresponding compensation of €7,500 for moral damages. Nevertheless, the Fourth Chamber of the Supreme Court dismisses the appeal in its entirety and confirms and declares the finality of the appealed judgment, on the grounds that the duty regarding information and consultation was indeed fulfilled, and that this is not equivalent to the right to collective bargaining. The Chamber also dismisses the claims concerning the annulment of certain clauses of the template agreement, as it interprets that, although their specific application could be the subject of individual claims, their literal wording does not allow an infringement of the legal mandates arising from the Constitution, the Workers' Statute, the Remote Work Law or the applicable collective agreement to be inferred. Consequently, no compensation is payable either.