The Superior Court of Justice of the Canary Islands (TSJC) has endorsed that a company access the personal information of the couple or spouse of an employee to establish whether a change of day proceeds to be able to care for minor children.
In a sentence dated February 27 to which he has had access EFEthe Social Chamber rejects an appeal filed against a ruling of September 2024 of the Social Court number 10 of Las Palmas de Gran Canaria. This is the case of a supermarket replanting whose day was held from Monday to Sunday, from 4.30 to 12.50, with Fridays and Sundays as days of libranza, and requested the concretion of the day to be able to 2 and 8 years.
The woman asked to be assigned a schedule from 7.00 to 3 pm, claiming that family. The Court considered the company’s counterofferte adequate, which was tomorrow’s turn from 8:00 a.m. to 4:20 p.m., from Monday to Sunday, with four afternoons per month according to organizational needs, and with weekly libranzas of 48 hours.
Since the father of the minors has a schedule from 05.30 to 13.30, the Court pointed out, at the beginning of his day at 08:00 the woman could take her children to school before starting her workday, the other parent of collecting them at their exit and attending them in the afternoon.
As regards the Libranza on weekends, the instance sentence emphasizes that it is not justified, because the father does not work on Saturdays and Sundays and can attend the children in the absence of the mother. In this way, this organization would avoid a “significant imbalance” in the organization of shifts and “overload” the afternoon shifts of the establishment.
The TSJC endorses this criterion and recalls that the Workers’ Statute establishes a conciliation right conditioned to the “reasonability and proportionality” of the adaptation requested and met the organizational or productive needs of the company. Therefore, there is no free configuration of the workday by the working person, and “unreasonable or disproportionate” decisions cannot be demanded from the company that affect their organization.
That is why it is reasonable that the company can access “not only to the personal or family circumstances of the requesting person, but also those of the other parent, in a logical attempt to reach a balanced distribution of family responsibilities,” add the magistrates, which are referred to a 2011 ruling of the Constitutional Court.
