Supreme supports to submit when you go out to drink coffee or smoke

The Supreme Court approved that workers sign each time they leave work to drink coffee or smoke, following the ratification of a ruling by the National Court in December 2019, according to legal sources confirmed to Efe.

In the judgment of February 22, which progressed elDiario.es, the social room rejects the appeal CC.OO. against the verdict of the State Court of December 10, 2019, in the collective action of the trade union against Galp gas stations.

Among other things, CC.OO. demanded that the calculation of time resulting from the implementation of the working day registration system be declared null and void in order not to affect breaks for smoke, drink coffee and have breakfastwhich until then were integrated as working hours within days and it was not recorded or confiscated.

But the National Court considered that it was proven that, “although there was access control in the workplace through lathesthis was used only for building safety and risk prevention purposes, not workday control ».

It was tolerated, the verdict added, “because of politics business trust on the basis of which each worker is responsible for the performance of the given day, that workers leave the premises to smoke or drink coffee, and that from this circumstance it cannot be concluded that the company considered the aforementioned interruptions in the provision of services as efficient work ».

There was no “a effective control and monitoring the working day of each worker,” he adds, a criterion now supported by the Supreme Court, which points out that there is no record that “breaks for smoking or coffee were effective working time”, so no regulations have been violated.