Spanish court obliges public employer to pay worker for performing higher-level duties

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The High Court of Justice has ordered the payment of salary differences after recognising the right to receive the remuneration corresponding to the work performed

Rossel Aparicio

Tuesday, 31 March 2026, 13:19

The High Court of Justice of the region of Murcia (TSJMU) recently upheld the appeal of a temporary civil servant of the state public employment service (Sepe) and recognised her right to receive the salary corresponding to the higher-level position she was performing on a daily basis.

According to the ruling, the woman continuously performed the duties of a technician rather than those of an administrative assistant, for which she was hired. The court, therefore, obliges the employer to pay her the difference and respect the role she actually performed for less money.

The appellant proved that she was responsible for randomly attending to the users assigned to her, "regardless of the complexity of their cases, and that she performed, with almost total autonomy, duties relating to the monitoring of benefits, the application of regulations and the assessment of entitlement, with only cases of doubt being referred to the area manager or senior management".

The woman took up her post on 26 July 2021, although she had been working at the Sepe office since January 2019. In January 2023, she submitted a complaint, stating that she had been continuously performing the essential functions corresponding to a higher-level position.

She stated that, from her first day on the job, she was ordered and entrusted with performing the essential tasks of a senior technician. This work was carried out "routinely, daily and consistently, under pressure to ensure the office achieved optimal numbers and residents received prompt processing of their requests".

The ruling recognises workers' rights to receive payment for the work actually performed. The employer can still appeal the decision to the Supreme Court of Justice.