Madrid, (EFE) .
In a ruling dated February 22, which “elDiario.es” has advanced, the social court dismisses the CCOO’s appeal against the National Court’s ruling of December 10, 2019 on a collective dispute lawsuit filed by the union against the gas stations Galp.
Among other things, the CCOO demanded that the calculation of time derived from the implementation of the working day registration system be declared null so that it would not affect the breaks to smoke, drink coffee and have breakfast, which until then were integrated as working time within the day and it was not recorded or deducted.
But the National Court considered that what had been proven was that, “although there was access control by means of turnstiles in the workplace, this was only used for the purposes of safety and risk prevention in the building, not for control of working hours” .
It had been tolerated, adds the sentence, “due to a policy of business confidence by virtue of which each worker is responsible for developing the committed day, that workers leave the facilities to smoke or drink coffee, without it being possible to deduce from such circumstance that the company deemed said interruptions in the provision of services as effective work”.
There was no “effective control and monitoring of the workday developed by each worker”, he adds, a criterion that is now supported by the Supreme Court, which highlights that there is no record that “the break to smoke or coffee were effective working time”, so no precept has been violated.