A recent ruling by the Spanish Supreme Court has sparked widespread discussion in the country regarding what counts as effective working time and how it is defined. The decision stems from a dispute brought by CaixaBank’s largest unions, CC.OO, UGT, and SECB, against the bank. The court determined that employees cannot be punished for arriving up to 15 minutes late to their shift or for taking a coffee break during working hours. This time is considered paid work time, funded by the employer, provided there is a prior agreement to that effect.
The dispute arose when CaixaBank established its time-logging system and published a guide stating that those 15 minutes could not be counted as actual working time. The change would amount to a substantial modification of workers’ conditions, especially for those who had previously enjoyed that right as an acquired benefit. The judicial communication states clearly that CaixaBank created the guide and understood that, since a time-keeping system must reflect reality, it was no longer possible to treat minutes after the start time as actual working time.
Yet the ruling concluded that anyone arriving at work within the 15 minutes after the scheduled start time has the right for their clock-in to be recorded as punctual. This conclusion rests on the reminder that the time-keeping system cannot be used to alter working conditions or override established rights, and it refers to a company agreement dated 1991 that contains this provision.
Can you now be late for your shift?
Here lies the practical nuance of the decision and the key point to avoid misconceptions. The Supreme Court’s ruling is specific to cases where there is a prior agreement and does not apply universally to all workers. Consequently, a worker cannot automatically compel the company to cover the time taken for breaks if such a provision was not explicitly written beforehand. It is possible to have coverage if a long-standing practice existed, even without written documentation, provided the practice was known and accepted by the employer.
In commentary from the labor law perspective, a well-known law-focused profile on social media clarifies that there is no universal rule guaranteeing 15 minutes of courtesy time. The takeaway is straightforward: arrive on time for your shift.