The National Court (AN) has established that the time that workers spend traveling home from the office to telework must be recovered, according to a ruling in favor of the insurance company Ocaso.
In this way, the Hearing has ruled in favor of the insurance company Ocaso, sued by UGT, because it forces its employees to extend their hours to compensate for the time they invested on the way back home in the afternoons to telework, the judgment to which Europa Press has had access .
The company temporarily introduced a hybrid model for the return to the office. The staff had to go to the office only half a day and the rest of the day was done remotely using lunch time to travel back home.
Therefore, from the company they understood that the “delays” in the incorporation to work after lunch had the consideration of work time to recover and forced to recover this time before the end of the daily shift.
The measure, agreed with the CCOO, was rejected by the UGT, according to the ruling. The union argued that home travel should be treated as effective working time and that the change meant a modification of the workers’ working conditions. Since the company and UGT did not reach an agreement as stipulated by law, the union demanded compensation of 12,500 euros.
The AN has dismissed the UGT demand, since it understands that it is a temporary measure due to the health situation and that the company tried to reach a consensus with the unions.
Similarly, the AN explains that the business decision “has tried to combine the obligation to adopt the measures imposed by the state of alarm regulations with the occupational risk prevention regulations required of the employer.”
Likewise, the National Court considers that “there is no substantial modification of working conditions, it is not appropriate to declare the right to freedom of association violated or to recognize any compensation for damages.”