One of the clear advantages that Teleworking has contributed has been the possibility of reconciling the Family life with work. The last example of teleworking conciliation, however, has had to impose it on the Social Court No. 1 of Las Palmas de Gran Canaria, which has issued a sentence that allows a woman to telework five days a week for take care of your son with disabilities.
Teleworking since 2022. Justice has recognized a mother’s right to telework five days a week to take care of her child, who suffers from a disability of more than 80% and needs constant attention. This judicial decision feels a relevant precedent in the Conciliation of working and family life.
The resolution highlights the importance of protecting the well -being of the child, especially when it comes to a child with special needs. The sentence emphasizes that the company He did not present arguments Solids to deny teleworking, since the employee had already worked remotely during the pandemic without problems.
Team disconnection. To deny the teleworking option to her employee, Unelco Endesa argued that giving that option “would disconnect the employee of the team’s work” and that the Endesa Teleworking Agreement He did not contemplate this possibility, indicating that he should request help to take care of his son during the required days of face -to -face.
However, the court did not accept these arguments, considering that “there is no business obstacle” since the functions of the employee were merely administrative and could perform them perfectly at a distance, as he had already done In the past.
Occasional teleworking. Since 2022, the employee had already been teleworking for a few days a week in a context of Hybrid Day Model with three days of remote work and two of face -to -face work. Given the special care requirements of her child, the plaintiff requested to be able to do it every day to serve the child while waiting for the availability of a place in a day center. Before the company’s refusal, the employee decided to take the case to the courts.
From the union CCOO, have not hesitated to qualify it as “such an insensitive and dehumanized response,” especially because they refused to deal with the case in the Equality Commission. The union applauds the sentence and points out that “feels a new legal precedent and opens the way for Other working people in the same situation. “
Greater coverage to conciliation. Labor conciliation made an important leap forward with the arrival of the Royal Decree-Law 5/2023, of June 28in which new rights are consolidated for people with minors or dependent persons in charge.
Therefore, the employee enforced the right collected in the Article 34.8 of the Workers’ Statute which establishes that “working people have the right to request the adaptations of the duration and distribution of the workday, in the management of the work time and in the form of benefit, including the provision of their distance work, to make effective their right to reconcile family and work life.