The Supreme Court prohibits changing the working day from Monday to Friday for weekend shifts

He Supreme Court It is excluded that the company can change the working day from Monday to Friday to the weekend for its employees, even though the contract provides for this, because this implies a change in working conditions.

The conflict dates back to 2018, when the company Emergia Canarias Customer informed the broadcast service workers that they would provide their services on weekends.

According to what was contained in the contracts of the staff who provided their services in the issuing department, the working day would be from Monday to Sunday according to the needs of the service.

These contracts also reflect the possibility, in accordance with Labor Statute (ET) and the Call Center Agreement, make irregular distribution work day.

In 2018, there was a reduction in work in the broadcasting department, and the workers who provided broadcasting services began to provide services in other departments, and then the company decided to work on weekends as well.

However, the Supreme Court considers that “the reality is that the employees of the emission department perform their services from Monday to Friday, which represents a more favorable condition”, which can only be changed by “significantly changing the working conditions of the collective”. nature ».

By not doing so, the Chamber continues, the company “unilaterally” changed the working day and the working time schedule, which must be considered null and void, because There was no significant change in working conditions, but the company limited itself to personnel redistribution.

For the Supreme Court, the company made a “decision that implies a significant change in working conditions for this group of workers in the issuing department, by changing the hourly rate and working time schedule.”