The camping in Puerta del Sol against evictionspromoted after the Maricarmen case, raises a question for those who want to join during their work day. Can they stop working to go to the protest? Is it enough to notify the company? Participation in a mobilization does not in itself justify an absence nor guarantee that that time will be charged.
For those who are employed, the consequences depend on the circumstances. Coming after finishing your shift, taking an approved vacation, or being absent without authorization are different situations. It is also important to support a legal strike that includes the worker in its scope of calling.
Am I entitled to a permit to go camping?
He article 37 of the Workers’ Statute It includes paid permits for certain cases, but does not establish a general permit to participate in demonstrations or camping trips. Although he contemplates being absent to fulfill an inexcusable duty of a public and personal nature, voluntarily attending a protest does not by itself fit into that permit.
The collective bargaining agreement or company agreements may offer other possibilities, such as business days. It will be necessary to check their conditions, if they are paid and how they should be requested. You can also agree on a shift change, unpaid leave or vacation, without unilaterally deciding the absence.
Notifying the person in charge that you are going to go to Sol is not equivalent to obtaining authorization. To avoid discrepancies, it is advisable to record the request and the company’s response.
Can I be deducted on payroll day?
If the worker is absent without a cause that justifies the absence, The company can deduct the salary corresponding to the time not worked. The discount must be related to that absence. Missing a few hours does not automatically mean losing pay for the entire day.
This adjustment is different from a financial fine. He article 58 of the Statute prohibits sanctions consisting of a fine, as well as cutting vacations or other rest rights. The company cannot add an arbitrary penalty to the payroll as a punishment.
With an approved vacation or paid leave, the corresponding remuneration is maintained. If unpaid leave is agreed, the absence will be authorized, but this period will not be charged.
Can an absence lead to dismissal?
Missing a day to attend the protest does not automatically mean a fair dismissal. Yes, it may give rise to a sanction, depending on the applicable agreement and the circumstances. To assess its severity, issues such as the duration of the absence, its repetition and the existence of other non-compliances are taken into account.
He article 54 of the Workers’ Statute includes repeated and unjustified absences of attendance or punctuality among the causes of disciplinary dismissal. This requires a serious and culpable breach. Therefore, it is not enough to affirm that any absence allows dismissal for justified reason.
Another situation would be retaliation for peacefully participating in a demonstration outside of working hours. A dismissal that violates fundamental rights can be declared voidwith reinstatement and payment of wages lost.
Going to a protest is not the same as going on strike
A call for a demonstration or camping It is not equivalent to a call for a labor strike. To benefit from the protection of the right to strike, there must be a call that includes the worker and whose exercise complies with the regulations.
In one legal strikethe absence is protected and the mere fact of supporting it cannot be sanctioned. However, the contract is suspended during that time and you are not entitled to the corresponding salaryin accordance with article 6 of Royal Decree-Law 17/1977.
Anyone who wants to go to Sol during their shift must first check what options their agreement includes and agree to leave when necessary. If you participate at the end of your shift or on a day off, that attendance does not in itself generate a salary deduction or a lack of attendance at work.