{"id":88472,"date":"2017-08-14T09:54:14","date_gmt":"2017-08-14T07:54:14","guid":{"rendered":"http:\/\/aseryde.com\/?p=88472"},"modified":"2017-08-14T09:54:14","modified_gmt":"2017-08-14T07:54:14","slug":"el-descanso-para-el-bocadillo-no-es-un-derecho-del-trabajador","status":"publish","type":"post","link":"https:\/\/aseryde.com\/en\/el-descanso-para-el-bocadillo-no-es-un-derecho-del-trabajador\/","title":{"rendered":"The snack break is not a worker's right"},"content":{"rendered":"
\n

\nThe Supreme Court says that this is a sign of "tolerance" on the part of the businessman.
\nThe court ruled in favour of a company that had stopped considering this quarter-hour break as effective work.<\/p>\n<\/blockquote>\n

\nThe Supreme Court has upheld the decision of a company that stopped considering the so-called 'sandwich break' as effective work, considering that it did not represent a substantial work change because it was based on the "tolerance" of the employer and was not a right recognized by contract.<\/p>\n

\nIn the ruling made public a few days ago, the High Court's Social Division calculates the appeal for cassation filed by Zumos Valencianos del Mediterr\u00e1neo, a company that counted 7.5 of the 15 minutes dedicated to said break as worked, from the beginning of its activity, in April 2007, until the work calendar of 2014. The company was established on July 1, 2005.<\/p>\n

\nThe controversy dates back to March of that same year, when the company presented a counterproposal to the schedule formulated by the staff representatives who, after meeting, confirmed that the difference between the two lay in the consideration of the quarter of an hour for the snack as effective working time in continuous working days of more than six hours.<\/p>\n

\nGiven the discrepancies, the company implemented its proposal, which entailed an additional workload of 6.75 hours that each worker could enjoy when they deemed appropriate, subject to prior communication and acceptance.<\/p>\n

\nThe court now rules out that this change has resulted in a substantial modification of working conditions, especially when the "snack break" was a sign of "tolerance" on the part of the employer towards his employees.<\/p>\n

\nReasons for reversing the ruling of the High Court of Justice of the Valencian Community, which in the second instance understood the existence of a unilateral increase in the working day to be motivated, pursuant to article 41 of the Workers' Statute.<\/p>\n

\nAccording to this provision, the company's management could only have agreed to substantial modifications in the event of economic, technical, organizational or production reasons that could affect, among other aspects, the working day, the schedule and its distribution, the labor regime or the remuneration system.<\/p>\n

\nThe Supreme Court judges, however, consider that the circumstances necessary to invoke said article do not exist, as this pause is an element foreign to the conditions signed by contract.<\/p>","protected":false},"excerpt":{"rendered":"

The Supreme Court says that this is a sign of \u201ctolerance\u201d on the part of the employer. The court has ruled in favour of a company that stopped considering the said quarter of an hour break as effective work. The Supreme Court has upheld the decision of a company that stopped considering the so-called \u2018sandwich break\u2019 as effective work [\u2026]<\/p>","protected":false},"author":2,"featured_media":88473,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-88472","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/88472","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=88472"}],"version-history":[{"count":0,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/88472\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/88473"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=88472"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=88472"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=88472"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}