The High Court of Justice of Galicia has recognized the right of a worker to terminate her contract with compensation and to apply for unemployment benefits after verifying repeated delays in the payment of her salary and the improper use of her biometric data by the company.
Compensation for unfair dismissal and moral damages
The judicial resolution establishes that the employee will receive compensation of 46,266.90 euros for the termination of the contract, an amount equivalent to that provided for unfair dismissal according to articles 50 and 56 of the Workers' Statute. Furthermore, the ruling recognizes an additional 7,501 euros for moral damages derived from the violation of fundamental rights.
The worker provided services to the company since August 2007 and was subrogated in 2020 by another company. Between January 2024 and March 2025, the company incurred constant delays of between 5 and 29 days in the payment of payrolls, despite having committed to pay salaries before the 5th of each month.
Facial recognition without consent
In March 2023, the company installed a time control system using facial recognition without the consent of the workers. The system remained operational despite the express opposition of the legal representation of the employees.
The Social Court No. 1 of Vigo declared that the installation of the system violated the rights to privacy and to one's own image, condemning both companies to the joint payment of 7,501 euros. However, this court dismissed the request for termination of the contract presented by the worker.
The TSJ of Galicia upholds the worker's appeal
The High Court of Justice of Galicia has upheld the appeal filed by the employee and has considered that there were serious causes for the voluntary termination of the employment relationship due to the coexistence of two particularly serious company breaches.
According to the court, the company implemented the biometric system without complying with the requirements of the General Data Protection Regulation and persisted in the violation of rights for more than a year, even after the demand for withdrawal by the workers' representatives.
The High Court of Justice has determined that the right to privacy in the strict sense was not violated, but rather the fundamental right to one's own image and to the protection of personal data, since the company used biometric data without consent and there were less intrusive alternative means.
Non-final judgment and possibility of appeal
The ruling, identified as STSJ GAL 613/2026, is not final and an appeal in cassation for the unification of doctrine can be filed before the Supreme Court. The court upholds the conviction and the compensation of 7,501 euros, declares the employment contract terminated and orders the first company to pay 46,266.90 euros to the worker.