In addition, the Supreme Court determines that the time necessary to attend to physiological needs, such as going to the bathroom, cannot be considered as rest time. Therefore, the company cannot reduce the salary or demand the recovery of hours for these situations.
This ruling arises in response to a collective dispute lawsuit filed by the CCOO and CGT unions, in relation to the teleworking conditions established in the “Contac Center” collective agreement. The Supreme Court’s resolution supports the previous decision of the National Court, and rejects the appeal filed by the company.
It is crucial to highlight that the court recognizes the right of workers to use the bathroom during the working day, establishing that these breaks must be recorded separately from other breaks. This measure protects the integrity and dignity of workers, ensuring that basic needs are not compromised in the work environment, whether in the office or teleworking.
In summary, this Supreme Court ruling sets an important precedent in the field of teleworking, reaffirming the fundamental rights of workers and providing clarity regarding the responsibilities and obligations of both employers and employees in this new work paradigm.