Not only did she lose her job as a waitress, but The pressure put on her by her boss and her husband cut short her pregnancy.16 weeks pregnancy, “situation anxiety“ suffered and this resulted in medical leave, Decision of the 2nd Social Court of Zamora condemnation for what? unfair dismissal to hotelier defendant together welcome the young man back to his job.
Reinstatement will be required under the same conditions, indefinitely and with a 23-hour working week from Monday to Saturday, always morningThe worker agreed with the company in February 2023 “while he had a 4-year-old daughter at school.” The judge makes a decision 7,501 euro compensation for employee “for damages” obtained “Significant business change was imposed unilaterally” by his boss.
In the court decision, the businesswoman “Rights were violated” While defending himself, his employee lawyer Coro Bermejo Arnedolabor law expert, office of lawyer Víctor López Rodríguezinside Benavente. Lawyers show “satisfaction” In order to achieve this goal and at the same time recognize the victimization suffered by the worker prints for the company’s side“orally”to accept something full time.
“The dismissal was because you could not increase your working hours”
The situation gets worse when the waitress informs the hotel manager and the owner’s wife via WhatsApp that she is pregnant. It didn’t take long for his answer to arrive on June 30, 2023: “You know that the reason for your dismissal was nothing other than your failure to comply with our requirement to increase your working hours.”. The next day, the worker, whose salary – with prorated extraordinary payments – was 744.24 euros, was notified of the change in the tariffs set for tomorrow and afternoon, according to weeks “for an indefinite period” dated June 16, 2023, on different days in each period; and “with weekly rest on a continuous day.”
Finally, the company claims that: “organizational reasons” a notice to cover the total opening hours of the accommodation facility, where the worker is not given the option to exercise this right right to request termination of the contract If you feel that you have been harmed, this requires paying compensation. 20 days of salary compensation per year worked for a maximum of nine months. He was not allowed to go to the doctor suffered in the morning and the same day an anxiety attack that landed him in the emergency room at 5:22 p.m.according to facts proven by the sentence.
Abortion
Day Try to return to work in the morning, August 3, 2023 And administrator is blocking this. Call municipal police, published a report. The judge added that the doctor discharged him due to concern. he got be discharged after five days but he went on vacation, these days were recognized by agreement. Three days before joining Admitted urgently after suffering abortion.
The payment of 7 thousand 501 euros will serve to compensate the young woman for the damage suffered by the young woman due to the violation of her rights as an employee due to the change in the working hours given to her without consulting her. Labor Charter demands it Article 41“Significant changes in working conditions may be decided when there are proven economic, technical, organizational or production-related reasons.”
But these can only be justified if they are “socially relevant”. competitiveness, productivity or technical or work organization in the company”. According to the decision, these conditions were not present in this case. And this The staff consisted of four people, the owner and her husband.. Hoteliers could not adapt collective bargaining agreementIt “obligates” employers and workers to comply with it “for the entire scope and validity of its application,” as required by Article 82.3 of the Labor Code.