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A sentence extends the right to choose the labor schedule to be able to conciliate
A sentence of a court of Santander, promoted by a demand of the legal consultant's office of the UGT, has recognized the right of a worker of the cleaning of I castrate Urdiales to determine the schedule of its labor day by conciliation of its labor life and familiar without having to reduce it and although nothing it get ready on the matter in the collective agreement of his sector nor in a specific agreement with his company. According to precise the department of the Woman of the UGT in Cantabria, union whose legal consultant's office has promoted the demand, the sentence, against which it is not possible to interpose resource according to the magistrada one in charge of the case, extends the right stipulated by article 37,6 of the Statute of the Workers, to that a worker or worker determines his schedule labor when this one is reduced by the legal guard of a son. In fact the sentence of the Court of Social the 2 of Santander “reaffirms and extends” another legal right recently consecrated by the effective Law of Equality in article 34,8 of the Statute of the Workers, until now limited the collective negotiation or an agreement with the company. Mentioned article 34,8 of the Statute of the Workers stipulates the right to adapt the distribution and the duration of the labor day because of the conciliation of the labor and familiar life if therefore it stipulates the collective negotiation to it or an agreement with the company, although in the case of the worker of I castrate Urdiales does not occur no of these two requirements, since the collective agreement of Cleaning of Buildings and the Premises of Cantabria does not stipulate it. In this sense, the precise judicial failure that “the fact that in the effective collective agreement (the one of Cleaning of Cantabria) nothing has get ready the application of a right cannot enervar that arises directly from the Law”. “Interpretation” the department of the Woman of the UGT is pleased that the Court of the Social thing of Santander dictates in its sentence “one more a ampler interpretation of the new rights recognized in the Statute of the Workers at the request of the Law of Equality”, as another court did recently in the same sense of the social thing of Murcia. The sentence considers a demand of union the UGT in the name of a worker of Urbaser, concessionary company of the service of cleaning of the polideportivos Pachi Tower, Peru Zaballa, the Office of Fines of I castrate Urdiales and the football ground of Mioño. The plaintiff alleged, among others reasons, the mutual incompatibility of his own schedule and the one of his husband, worker of the Municipal Institute of Sports of I castrate Urdiales, to take to his son to the school San Martin de Campijo, where she is registered in a school year of 9.30 to 13 hours and 15 to 16.30 hours. In fact, he emphasizes the legal consultant's office of the UGT, the “worker only asked to begin his labor day to the 10 hours to be able to take care of the needs of his son, leaving of the company voluntarily the distribution of the day and the place of work”. The company rejected the request of the worker to initiate its labor day as of the 10 hours, and not of 7 to 10 hours like until now, because that timetable was incompatible with the one of the Polideportivo Pachi Tower, that abre its doors to the public to the same hour demanded by the plaintiff. On the contrary, the sentence of the Court of the Social thing considers the demand of the UGT because “the request of the worker is not very excessively onerous for the company nor affects of form serious or detrimental for the organization of the enterprise activity”. The judicial failure remembers that Urbaser is not only the awardee of the cleaning of the Polideportivo Pachi Tower but of more centers of work of I castrate Urdiales, some of which already was assigned in fact the worker, reason why “it can serve in another center”. “One is not which the new schedule inconveniences the enterprise planning, it is which the new schedule, fulfilling its purpose of keeps, is not onerous very excessively for the company”, asserts the sentence. (The extracted News of Expansion)
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