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To reduce day to choose schedule
The sentence of the Court Superior of Justice of Catalonia, leaves from the recognition of which article 37,5 of the Statute of the Workers establishes that the hour concretion and the determination of the period of the reduction of the day correspond to the worker. THE CASE: A worker serves her in two rotating turns morning and behind schedule, that alternate every two weeks and whose schedule is of 5:58 to 14 hours first and of 14 to 22:02 the second. In their section, assembly, works other 34 people with the same rotation of turns. The worker wished to happen to morning turn to take care of a minor and the company denied the RESOLUTION to it the worker communicated to the company its intention to serve in fixed turn morning, because of the legal guard of its daughter, realizing a schedule of 5:58 to 14 hours. Before the received communication, the company denied the election of turn to the worker to understand that the legal requirements did not concur if so to choose schedule. By means of sentence of date 7 of February of 2008, dictated by the Room of Social of the Court the Superior of Justice of Catalonia, the resource presented/displayed by the company demanded against the sentence dictated by the Court of the Social n is solved º 1 of Terrassa, by virtue of which the demand of the worker was considered and its right was declared to work in fixed turn morning, in schedule of 5:58 to 14 hours. INDIVIDUAL OR COLLECTIVE AGREEMENT the sentence of the Court Superior of Justice of Catalonia, leaves from the recognition of which article 37,5 of the Statute of the Workers establishes that the hour concretion and the determination of the period of the reduction of the day correspond to the worker. However, next, it affirms that the law which does not recognize is a right to modify the day when a reduction of the same is not asked for at the same time, and it irrespective of whether the industralist has credited reasons that justify their refusal to the formulated request. Continuing with its reasoning, the indicated resolution analyzes the content of indicated article 37,5 of the Statute of the Workers, after the reform that has supposed the entrance to him in force of the well-known one like Law of Equality. On the matter it indicates the Court who, in the light of the present writing of article 37,5 of the Statute of the Workers, only if the worker reaches an agreement with the industralist, or thus settles down in the collective agreement of application, will be able to distribute his day besides a possible reduction of the same. The court in his resolution mentions diverse sentences of other courts who, in the same, felt, maintain that the right to the election of turn is contemplated neither in mentioned article 37 nor in no other. Consequently, the recognition of right saying through a judicial resolution would suppose to exceed a reasonable interpretation the norms and to supplant the functions of the legislative organs, to which it is exclusively incumbent on to right make specific a possible one to the election of turn by legal guard. Finally, he reasons himself in the analyzed sentence that the worker cannot modify the labor day that agreed with the company, reason why must continue carrying out his work to turns. On the contrary, not only one would unilaterally modify the contract of work but also the regime of benefit of services of the rest of the workers of the company, as they would see handicappeds the number of morning turns that could realize, when trying the worker to decide exclusively on this turn, and increased his turns of behind schedule. (The extracted News of the Vanguard)
 
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