The Superior Court of Justice of Catalonia ruled in favor of the State Public Employment Service (SEPE) and a man will have to return the capitalization of unemployment, equivalent in his case to 30,468.04 euros, for having worked as a waiter for one day without being registered with Social Security, even if it was in the very bar that he was going to stay and for which he had precisely asked to collect unemployment benefits in a single payment.
It all begins when, in January 2022, the affected person requested unemployment benefits. The following month, he asked to receive it in a single payment to become self-employed, and the SEPE approved this request on February 15 for an amount of 30,468.04 euros. That same day, the Labor Inspection made a visit to a bar where they caught him “dressed in an apron” and “serving customers.”
After that, the inspection issued an infraction report, since they had caught him working as an employee without being registered with Social Security and while receiving unemployment benefits, which is incompatible. An infraction that they described as very serious in accordance with article 26.2 of the LISOS and articles 282 and 299 of the General Social Security Law.
At the time of the inspection, he was a non-working partner of the bar’s management company and it was not until three days later, on February 18, when he made public the deed to become sole administrator and acquire the rest of the shares, at which time he registered with the RETA (Special Regime for Self-Employed Workers), as stated in ruling 6107/2025.
The SEPE demands the return of the single unemployment payment and decides to claim
After the violation report from the Labor Inspection, the SEPE terminated the unemployment benefit and demanded the reimbursement of the 30,468.04 euros received unduly, alleging that he had made unemployment payment compatible with unreported employment.
Not satisfied with the sanction, the newly self-employed person decided to file a claim through the courts (once the administrative route had been exhausted), but the Social Court No. 34 of Barcelona completely dismissed his claim in November 2024, absolving the public body.
As he still did not agree, the man appealed this sentence, filing an appeal before the Superior Court of Justice of Catalonia. In this, he asked to modify the proven facts to include that he went to the bar to “lend a hand” due to the friendship he had with the previous administrator due to the death of his mother, and alleged that he intended to comply, an argument that the court discarded because it was not documented.
Likewise, he alleged a violation of the General Law of Social Security and lack of proportionality, defending that the preparatory acts to start an activity do not constitute employment and that he acted in good faith.
The TSJ of Catalonia confirms the full refund of unemployment
The Superior Court of Justice of Catalonia refused to modify the proven facts, considering that the argument of “help out of friendship” or “lack of remuneration” is a subjective assessment that was not demonstrated with evident evidence at trial.
Regarding the second question, they pointed out that although the court recognizes that the preparatory acts for a business are lawful before registration, the Labor Inspection verified an effective work activity (which was serving clients) on a date in which he was still collecting unemployment and had not registered as self-employed (which he did days later).
The TSJ of Catalonia also highlighted that the initial resolution of the SEPE that terminated the benefit was not challenged by the worker and was final. Therefore, the subsequent claim for the return of the money (improper collection) is a direct and inevitable consequence of that termination. Consequently, it fully confirmed the lower court ruling and forced the man to return the undue benefits.
This ruling was not final and an appeal could be filed against it for the unification of doctrine before the Supreme Court.