Expansión Jurídico - “Rest is a more important right than giving a service”

Carmen Galán, partner of the Labor Department, comments in Expansión Jurídico a ruling of the Supreme Court (TSJ) of Castilla y León on the right to rest and provisions established in collective agreements.

“Rest is a more important right than giving a service”
A company cannot force an employee to work on his day off to cover the services committed if the agreement indicates.

It is possible that a work calendar written the previous year will become obsolete because of the quickly economy changes that we face. So how can a company fix it? Carmen Galán, Lener's labor lawyer and partner of the department, points out that if there is an agreement between both parties, it could be done in any case. "It would be enough to agree with the worker, either verbally or in writing and set the rest on another day previously assigned as work", explains the lawyer, who adds that if nothing is said in the agreement, it would be possible to impose it " unilaterally, as long as it was punctual, not frequent and justified by a situation of urgency or productive or organizational need”.