ZAP // nicoletaionescu / Depositphotos; Rawpixel
A decision by the Superior Court of Justice of Asturias validated the use of this type of location systems to verify compliance with working hours, and use this information to dismiss employees for just cause.
A geolocation in a work context returned to the center of the legal debate in Spain, after a ruling by the Superior Court of Justice of Asturias recognized the use of location systems as a legitimate tool to verify compliance with schedules and, ultimately, justify dismissal for just cause.
This decision clarifies an area that affects workers with mobile functions and companies that use mobile applications. time control in everyday life, note the .
The case originates from the situation of a elevator maintenance technician which used an application installed on a company cell phone to register entries and exits.
This application saved the exact time and location of the registration, usual procedure in functions that require constant movement. Despite this, the company began to detect several anomalies in the recordsespecially when the worker registered the end of the shift from home and during working hours.
The recurring discrepancies led the company to ask for explanations to the worker and reminding him of the obligation to register the point from the place where each intervention was carried out.
After several warnings, irregular records continuedwhich is why the company decided to proceed with a disciplinary dismissal — without compensation, but with the right to unemployment benefit.
The Social Section of the Superior Court of Justice of Asturias (TSJA) confirmed the validity of this decision, considering proven repeated non-compliance the agreed time.
The court highlighted that the use of geolocation was proportionate and in accordance to current legislation, since the device belonged to the companythe application only collected the location at the time of registration time and the worker had knowledge of its operation.
Furthermore, the ruling recalled that article 20.3 of Spanish labor law authorizes the employer to adopt supervisory measures to verify compliance with work obligations, as long as they are appropriate to the nature of the job.
The decision highlights that Spanish law determines the need to inform clearly about the use of geolocation systems, their purpose, the scope of the processing and the worker’s rights. In this case, the court considered that the company fulfilled all these obligations.
Likewise, the TSJA recalled that article 34.5 of the same law establishes that the worker You must be at your work station at the beginning and end of the daywhich implies operational availability in the location where it provides service.
The TSJA further recalled that there is only one exception already recognized by the Supreme Court: in companies without physical headquarters or without any space to start the journey, the worker’s residence can be considered a valid point to start work.
This doctrineapplies to fully decentralized organizations. However, in the case under analysis, the company had a clearly defined location for the start of daily activity, so clocking in from home had no justification.
