HE Supreme Court denied that a company can replace employee’s day Monday to Friday for the weekend, but agreement think because a changing the conditions work.
In a February 8 decision to which EFE has access, the social court dismissed an appeal to consolidate the doctrine submitted by the Emergia Canarias Client against a March 2013 decision of the Supreme Court of Justice of the Canary Islands. Let’s go back to 2018, when the company reported to its streaming service employees: They would continue to offer their services on weekends.
According to the clause in the contracts of the personnel serving in the allocation department, the working day would be from Monday to Sunday, depending on the needs of the service. These contracts are also, pursuant to the Labor Law and the Call Center Contract, uneven distribution of the working day ray.
decline at work
one in 2018 quit a job continued to provide workers in the broadcast division and broadcast service providers services in other departmentsAt this point, the company decided that they should also work on weekends.
But the Supreme Court ruled that “the fact is that workers in the broadcasting department provide their services Monday through Friday, which is a most beneficial‘, but can be replaced by ‘significantly changing working conditions of a collective nature’.
By not doing so, the Chamber continues, the company “unilaterally“The distribution of working days and working time should be considered invalid, as there was no significant change in working conditions, instead the company limited itself to re-limiting the distribution of personnel.
For the Supreme Court, the company took a decision that “requires a substantial change in working conditions by amending the working hours and distribution of working time for this group of workers in the issuing department”.