May 12, 2022
In General Discussions
Rest at work How much time corresponds per working day? How much rest time corresponds? As can be seen, the Workers' Statute is limited to defining a minimum on the duration of these breaks Phone number list indicates when the worker is entitled to them, but does not define what a break is. In addition, it is a scarce regulation and nothing descriptive. Nor does it indicate aspects such as what activities the worker can carry out during said break, so it will be determined through the collective agreement. This will be the way to complement the details and with which the duration of the break can be increased or the working time granted by the company to the worker reduced. The Workers' Statute is a Phone number list regulation that remains scarce in regulation and even more so with the times. While companies are forced to implement the new regulations on employee time control , the law only limits itself to indicating what the conditions are for having a work break without further explanation. In the end, it is the jurisprudence of the Spanish courts that provides solutions and resolves the conflicts that arise between the worker and the employer. It is important to highlight that there is an exception to this Phone number list general rule of the Workers' Statute and it is with minors, since the regulations indicate that "workers under eighteen years of age will have a minimum break of 30 minutes provided that the duration of their working day exceeds four and a half hours. Smokers: does it count as work break? The answer is yes. The rest period recognized by law for a worker whose working day Phone number list exceeds six hours a day shall be considered effective working time when so established by collective agreement or in the employee's employment contract. In other words, if according to the provisions of the collective agreement, this rest time counts as effective work, then it will be paid. But in cases in which the collective agreement is silent on the matter, it will be considered that it does not count as working time nor is it paid, unless there is an agreement to the contrary. Therefore, the rest time does not have to be remunerated, it will depend on what is established in the collective agreement or in the employment contract. Unenjoyed rest, paid rest? But in the event that, due to the type Phone number list of activity, the break cannot be enjoyed, it must be paid, because otherwise it would mean the provision of overtime. In this same line, it is important to point out what the Supreme Court says in relation to continuous shifts: they are working days where the worker cannot enjoy said rest for reasons of carrying out their work. The TS says in this regard that by means of a Phone number list collective agreement the substitution of rest time for a cash compensation can be agreed. This is indicated in the ruling STS 5422/2015 where it can be read that "unused rest time must be paid because, otherwise, it involves an excess over the usual working day". The role played by collective bargaining in breaks in the working day The different types of collective bargaining play a major role. It is through them that various aspects related to breaks in the working day can be regulated. And it is indicated in this article that by collective agreement it can be determined: whether or not the worker can be absent from the workplace during the break, the fragmentation of the worker's rest time and the moment in which the break will take place.