The TS confirms that bathroom breaks do not count as employee rest

The Supreme Court has confirmed this Wednesday the lower court ruling of the National Court that ruled that the breaks organized by the company based on service needs cannot include the time that the worker may need to attend to his physiological needs “since these “They are not determined by those of the service”.

“The situation that is being questioned here in its identification within the working day, is a matter that affects the health and hygiene of the worker and that causes the need for a break in work,” the Supreme Court explained..

The lower court ruling indicated in this regard that the general working hours registration system that the company has implemented, not allowing breaks to be recorded in those situations, “violates the dignity of the worker and could even constitute discriminatory treatment with respect to older people in relation to youths”.

The highest court has also clarified that companies cannot affect the salary or working hours of the times that an employee who teleworks remains disconnected due to the interruption of the electrical network or due to Internet failure, as long as it is for reasons beyond the control of the company. his will.

This is established by a ruling from the Social Chamber of the high court, collected by Europa Press, which resolves the appeal of a company against a collective dispute claim that was raised by the union organizations in interpretation of the provisions of the Collective Agreement. Contact Center.

According to the appellant, in this case those affected by the conflict are not under the regulation of Royal Decree Law 28/2020 and therefore the teleworking conditions that were adopted in the agreement signed by the company and the plaintiff union – a branch of CCOO– on March 12, 2020 are governed by those and “there is nothing in them to ensure that incidents in the supply of electricity or the network in the homes of teleworkers are effective working time.” “.

In accordance with the resolution, the lower court ruling – of the National Court – understood that, if in face-to-face work the incidents in the electricity and network supply do not have any impact on the worker's activity, “it cannot be worse condition for remote workers”. Along with this, he considered that “if it is the employer who must provide the means to the employee to carry out the work, its defective functioning, not attributable to the worker, cannot harm him, in accordance with article 30 of the Worker's Statute”.

Now, the Social Chamber recalls that the agreement reached on March 12, 2020, during the pandemic situation, between the company and the representation of CCOO, “is an agreement that was adopted due to Covid-19 and in response to the mandate of article 5 of Royal Decree Law 8/2020 which, as recalled by the third Transitional Provision of Royal Decree 28/2020, generated a situation that, from then on, made the protection and certainty of workers in the remote work situations implemented”