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Ruling rejects that the employer changes the working schedule by 30 minutes

| News | Employment Law and Social Security

Alfredo Aspra analyzes the ruling of the TSJPV that rejects that the employer change 30 minutes the working hours in an article published in the newspaper El Economista

The Superior Court of Justice (TSJ) of the Basque Country holds that a 30-minute change in working hours is a substantial change in working conditions, so the employer cannot make that resolve without consulting and negotiating with employees. The TSJ, in its judgement of 16 July 2019, states that this measure "represents an important change, which is not duly compensated with the concession of half an hour more to eat".

However, the Supreme Court considers the contrary and, in its jurisprudence, understands that there is no substantial delay of half an hour in entering and leaving work. In any case, the Basque Supreme Court emphasizes that "this doctrine cannot be invoked, because it dates back 14 years and nowadays the right to conciliate work, family and personal life that imposes new models of organization must be taken into account".

Alfredo Aspra, Partner in the Employment Department of Andersen Tax & Legal, explains that in the case the Court considers that there is a real substantial change in working conditions, and not merely accidental as the Judge described it a quo.  In addition, he points out that the Basque Supreme Court understands that the section affected by the business measure, from 18.30 to 19 hours, is very sensitive to the conciliation of work and family life of workers, who may be committed to other duties of greater or lesser significance.

You can read the full story in El Economista.

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