A female worker can change her workplace to reconcile her family life

The Supreme Court of Galicia upheld an appeal filed by a worker who asked her company for the possibility of adapting her schedule to her new family situation and  changing her workplace  to one closer to her home.

As stated in the ruling (  TSJ GALICIA of 05-25-2021  EDJ 2021/591650) the court accepts that there is the right of the employee to geographically adapt her contract and, therefore, to move to the workplace since the company I will pay you € 6,000 as compensation for the non-pecuniary damage caused.

Female worker with two children under 12 years of age

The worker made two requests to the company, on the one hand that she could adapt the working day to her family situation since she was the mother of two children under 12 years of age. Second, that the company could move her to a  workplace closer  to her home. An agreement was reached between both parties regarding the first of the claims, but the company did not take into account the second claiming that there is no legal protection for said request and that temporary workers are the ones who have preference in the transformation of their contracts.

In the trial, the worker  presented evidence  that in January 2020 a vacancy was generated in a company center closest to the worker’s home, but that the company did not offer it to the employee, despite the fact that her job was known. willingness to move to that workplace, nor was he offered the possibility of opting for it.

For all this, the TSJ Galicia concludes that by  not specifying the company how it would affect its organization to  access the requested claim, beyond its generic opposition, its business refusal to estimate the worker’s request is unjustified, and violates her right to conciliation.

The company claimed reasons for job stability

For its part, the company alleged that the vacant position was offered to a worker who was already providing services in said workplace based on the stability of his job. However, for the Supreme Court it does not seem difficult to offer the plaintiff that de facto created position: indefinite full-time in store and respect her right to conciliation, and, at the same time, offer the  worker who renewed her contract  the position of the worker in the other workplace.

Compensation of 6,000 eur

The Court considers that the infringement of a fundamental right entails the right to its compensation via
compensation for the time that has elapsed from the request for the right to the company until its judicial recognition. Therefore, the compensation of 6,000 euros takes into account the quantification of the moral damages that have occurred.