New Judgment of the National Court on the paid permit of five days to take care of relatives already living together in case of hospitalization and serious illness. The court rejects that companies may demand “any additional requirement”, such as coexistence, regarding family members to grant this right to absent from the job.
The legal advice of use, together with CCOO, UGT and CGT, sued the Serveo company for demanding “the coexistence requirement or accrediting being the caregiver of the relative to grant that paid permit to the workers who requested it”, explains use in a Press note.
The unions denounced the company for what they considered “a breach of their collective agreement and current legislation on paid permits” and warned that with this Serveo practice it was limiting this right to its workforce.
You cannot ask for “additional requirements”
The magistrates of the National Court give the reason to the denouncing unions and cancel the practice of Serveo, who consider that it goes against the legislation.
“We declare the nullity of business practice consisting of demanding, in the cases contemplated in article 37.3.b) of the Statute of Workers, related to the spouse, de facto couple, and relatives to the second degree of consanguinity or affinity (including the consanguineous family of the de facto couple), any additional requirement other than the relationship of kinship and the justification of the causative fact ”, includes the sentence, which can be appealed before the Supreme Court.
The permission paid to be absent from serious illness or family hospitalization was extended by the government, within a packet of permits to care. For this reason, it went from two to five days of paid absence, and also extended the right to take care of cohabiting people, in addition to relatives.
Specifically, the right to be absent was established: “Five days due to serious accident or disease, hospitalization or surgical intervention without hospitalization that requires household rest rest of the spouse, de fact of the de facto couple, as well as any other person other than the above, who lives with the working person in the same address and that requires the effective care of that ”.
The magistrates of the National Court resolve that “such an intention to limit the recognition of the right to cohabiting in no way” deduces from this drafting of the Law of the Workers’ Statute, which extended precisely the right to more assumptions. Nor from the 2019/1158 European Directive, the judges indicate, of measures to guarantee gender equality and the care of relatives in the labor market, which was transposed with this new writing of the permit for serious illness.
The judges echo the argument of Serveo to limit the permission, “regarding a possible abusive or fraudulent use of permission from the workers who request it.” “Neither fraud nor the abuse of law can be presumed, as the company does, without prejudice to the powers that the legal system grants to it to respond to possible abusive or fraudulent behaviors by the workers,” the audience resolves National.
Remember the gender perspective
In addition, the National Court emphasizes that “permits linked to family and cohabiting care are mostly exercised by women”, so the European directive in question intended to transform this situation “favoring mechanisms that facilitate co -responsibility in the assumption of family duties ”
“And in such a situation any interpretive doubt that may arise must be resolved by making a prosecution with a gender perspective, having the informant character of the legal system of the principle of equal treatment and opportunities between women and men.”
In this case, “it must lead to an interpretation as flexible as possible of the precept as the unions postulate, which will favor the exercise of law by men with the consequent assumption by them of the role of caregiver,” collects the judgment.
María Eugenia Moreno, lawyer for use, highlights that “the sentence meets the objectives of the European Directive that establishes the permit of caregivers as a key mechanism to promote co -responsibility. In this sense, the National Court reinforces a fundamental principle, equality between men and women, facilitating the equitable exercise of family and labor responsibilities not only in Serveo but for the rest of the working people in any other company ”.
Source: www.eldiario.es
