The Supreme Court has brought order to an area where many companies moved with ambiguity: the possibility of changing the working day at their convenience, by far that indicates it in the employment contract.
In a recent ruling, the Supreme Court has unified its criteria and it is no longer enough for the contract to say that you can work “from Monday to Sunday” as a justification for change the work dayyou must negotiate it with employees before applying the change.
What exactly has the Supreme Court defined?. The judgment responds to the request for unification of criteria requested by the CGT union in the face of previous contradictory rulings. The origin is a collective conflict raised by the unions after a company decided extend your day Monday through Sunday to serve the needs of its business clients.
For more than five years, the staff of that company had worked only from Monday to Friday, so the unions understood that the change in hours represented a substantial modification of working conditions and, therefore, should be subject to negotiation, as established in the Article 41 of the Workers’ Statute.
The Supreme Court agrees with the unions and annuls that decision, indicating that, although the contract allowed working “Monday to Sunday”, the change required a formal procedure. In the words of the ruling, “if workers have been providing services from Monday to Friday since 2017 and in 2022 the company informs them that they have to start doing so from Monday to Sunday, this represents a substantial modification of working conditions.”
Why is it important. The Supreme Court makes it clear that the regular consolidated working day It cannot be altered unilaterally by the company. The court admits that the contract included the possibility of working from Monday to Sunday, but emphasizes that the practice sustained for years has more legal weight than the generic clause. That is to say, if from the beginning the day was configured from Monday to Sunday, that practice is consolidated, and any substantial change that is applied must be negotiated.
According to the ruling, “the company could not decide unilaterally, and without following the procedure of article 41 ET, to start providing services from Monday to Sunday when since 2017 it had been providing services from Monday to Friday.”
What it means for workers. The Supreme Court ruling strengthens the position of employees and gives them more tools against non-negotiated shift changes. If a staff has been working a specific schedule for years, that practice becomes part of their contract, even if it is not explicitly written.
In practical terms, this means that workers can challenge any substantial alteration to their working hours or schedules if they have not been previously negotiated. This new ruling restores the staff to their previous schedule and declares the business decision void, urging them to negotiate the change in accordance with the provisions of article 41 of the Workers’ Statute.
What changes for companies. With its unification of criteria, the Supreme Court places limits on the unilateral modification of the conditions and organization of work by companies, forcing them to reach agreements with employees as long as these changes are substantial and have a justification.
The court points out that the company could have easily started the negotiation “claiming that the client company required the services to be provided from Monday to Sunday”, which in the court’s opinion is a more than justified reason, and not directly impose it.
Image | Flickr (Chris Arnold), Unsplash (Eduardo Alexandre)
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