by The dissemination of informative content related to workers’ rights allows thousands of employees to not only notice that they are being victims of labor abusebut also allows prevent this type of practices illegal. Among the users with the greatest reach in this area is the lawyer and content creator ignacio de la calzada known by his name on networks ‘A legal guy’who shares with his followers all kinds of legal aspects related to the world of work.
In one of his latest videos, the lyric lists five types of abuse at work very frequently and at the same time unknown for a large sector of the population.
Overtime (and voluntary)
As De la Calzada defends, “overtime is voluntary, you can refuse to do them“. This is what the section four of article 35 of the Workers’ Statute, which indicates that “the provision of work during overtime will be volunteerunless its realization has been agreed in agreement collective contract working individual”.
Right to digital disconnection
“Your boss cannot demand anything from you outside of your working hours because you have the right to digital disconnection“, explains the content creator. This point refers to the article 88 of the Organic Law 3/2018, on the Protection of Personal Data and Guarantee of the Digital Rightswhich establishes the following: “Workers and public employees will have the right to digital disconnection in order to guarantee, outside of legal or conventionally established working time, respect for their working time. rest, permissions and vacationas well as his intimidated personal and family”.
Sudden schedule changes
The video continues with the lawyer explaining that the schedule changes from one day to the next are also not allowed. “At the very least, they have to notify you with five days in advance”. This is established by the article 34 of the Workers’ Statute: “Through agreement collectively or, failing that, by agreement between the company and the workers’ representatives, the irregular distribution of the day throughout the year. In the absence of an agreement, the company may distribute the amount irregularly throughout the year. 10% of the working day”. The same document explains that “in all cases the minimum periods of daily and weekly rest provided for in the law and the worker must know with a prior minimum of five days the day and time of the work performance resulting from that”.
Vacation without notice
The fourth workplace abuse, perhaps less known than the previous ones, is that of giving vacation from today to tomorrow, completely illegal practice. “You have to know at least two months in advance,” specifies the author of the video. If we go to the website of Workers CommissionsThere it is confirmed that, indeed, it is like this: “Vacation must be requested with, at least two months in advance before the first day of enjoyment” (…) “Once your vacation has been requested, they must answer you immediately“, they warn from the organization labor union.
Modifications to the contract
Lastly, the day changes can represent a “substantial modification” or not, depending on how it is done. In case it is full-time part-time, it will be a new contract. Likewise, the reduction is from 30 to 20 hours weekly will be considered a substantial change and, as such, the employee would have the right to leave with “a compensation of 20 days by year”.
