Play one soccer league or bowling in the company in front of clients or commercials of another is work time. Although participation is voluntary. & mldr; even, even if the games are lost.
This last joke, obviously, does not appear in a relevant sentence of the Supreme in which the high court recognizes as working time the time spent "voluntarily & rdquor; by commercials Altadis and of Tabacalera in the 'Altadis Cup', of soccer, and in the 'Bowling Cup', in competition with the tobacconists. It also qualifies as a workday the participation of Altadis workers in the presentation event of the corporate publication 'Hojas', intended for tobacconists.
Altadis, argued that the time allocated to these "commercial events outside the day & rdquor; were comparable to complimentary invitations that the company extends to its workers in addition to their clients, but the court has given the reason to the employees.
In its ruling, the Supreme adopts a broad definition of the concept of 'working day'. Far from the strict idea that emanates from the Statute of Workers – which makes the concept of 'day' coincide with the time when the worker "is in his job" – the Supreme assumes the provisions of European directives and in judgments of Court of Justice of the Union where it is classified as work time "any that is intended to be available to the employer, without taking into account the intensity of the activity performed during the same & rdquor ;.
The concept is very relevant. Especially in these moments in which all the companies in Spain, from the coffee shop on the corner to the largest of the multinationals, are subject to the obligation to carry a log of daily work of each of your workers.
The ultimate goal of this rule is to avoid the excess of unpaid overtime. According to INE data, in Spain almost three million unpaid overtime hours per year allow employers to save the equivalent of 74,050 jobs that remain unused. The new law obliges to keep the daily record and requires to pay overtime or compensate them with equivalent rest period within the current year.
A little more than a month after the entry into force, six out of ten companies in Catalonia still do not apply the registration of working hours, according to trade union data. And the data may not be very different in the rest of the country.
At the moment, the Labor Inspectorate seems to be fulfilling the purpose of avoiding harshness in its visits to companies to verify compliance with the norm. Is willing to accept that the breaks for the cigarette, the snack, or the messages do not count as working hours, but only if this criterion is part of the collective agreement or company agreement, as, for example, El Corte Inglés has decided.
The concept of 'working day' that the Supreme Court has just coined does nothing but add complexity to an issue that was never easy and that needs to be clarified. We will see.