Exercises Unit 7 (THE WORKING DAY)

1) Ana Sanchez has a particular schedule in the company: In the mornings from 8.30
am to 2 pm, to return in the afternoon from 4 pm to 7 pm. All this from Monday to
Friday. Ana asks the company to let her go out for coffee for half an hour, but the
company refuses because she is not entitled to it, and in any case it would be
deducted from her salary.
a. Does Ana comply with the maximum daily working hours?

Ana complies with the maximum daily working hours ceiling

b. What about the maximum weekly hours cap?

She goes over hours, the maximum weekly cap is 40 hours and she does
more.

c. Do you comply with the rest between days?

Yes, there are more than 12 hours, which is the established minimum.

d. Do you comply with the weekly rest period?

Also, it has one and a half days of uninterrupted rest.

e. Do you have the right to go out for half an hour for coffee?

No, since it does not perform more than 6 hours at a time.

f. Is the company right to deduct half an hour of coffee?

Totally, because he would be absent from his job.

2) A factory has an increase in orders every year in March, so it has planned for
workers to work an irregular distribution of the working day so that they work from
Monday to Friday 10 hours a day, for 4 weeks, with a schedule from 6 am to 5 pm,
with an hour off for lunch at 2 pm. The company informs them on the last day of
August, Friday, that next Monday they will start the new working day. The annual
workday is 1,780 hours.
a. How many hours are those 4 weeks increased? Are they within the 10%
annual cap?

They increase 40 hours within the 178 annual cap they have, so yes.

b. Are those extra hours paid or are they given rest?

They are compensated with breaks.

c. Has the company given sufficient notice?

 No, you must give at least 5 days notice.

d. Is the minimum weekly rest period being given?

Yes.

e. Does it comply with the minimum rest within the workday?

No, because if you work more than 6 hours in a row at 12h you should
give 15 minutes of rest.

f. Can the hours be returned within 3 months?

Yes, hours can be paid back throughout the calendar year.

3) Amparo works night shift in an electrical components factory from 10 pm to 6 am.

The company is asking him to stay some days 2 hours overtime until 8:00 a.m.,
because there is an increase in orders, which does not make him any fun. In
addition, lately she is suffering from stress due to night work and does not sleep a
wink during the day, so she arrives exhausted at the beginning of the day.
a. Is Amparo a night worker? Why?

Yes, since the night hours are from 10 pm to 6 am.

b. Are those 2 hours of overtime that the company is asking for legal? Why?

No, as night workers are not allowed to work overtime.

c. In a stressful situation, what can the employee request?

You may request a change to a day shift. (During the day)

4) Pedro, Luis and Inma are shift workers in a factory with a 24-hour production
system, working mornings, afternoons and evenings. Due to several absences of
colleagues, sometimes they are having 3 weeks of nights in a row, which none of
them are happy with. In addition, Inma has just become pregnant and does not want
to do nights and Pedro has started studying in the evenings until 9:30 pm at the
university and does not have time to arrive at 10:00 pm at the entrance of the night
shift.
a. Are the workers right to complain about the 3 weeks in a row at night? Why?

Yes, since he cannot work the night shift for more than 2 weeks.

b. Can Inma request the shift change she is asking for? Why?

If you are exempt because you are pregnant.

c. Can Pedro also request a change of shift? Why?

It could also, for the completion of official studies.

5) Juanjo has been working 20 hours of overtime per month for the last 4 months, as it
was agreed in the contract that he would work overtime. When the 5th month
arrived, Juanjo said that he no longer wanted to work more hours and that he wanted
to be paid for all the hours he had already worked because there was nothing in the
contract about how much they were charged or anything else and he is still waiting
to see them compensated in some way.
a. Is Juanjo right to refuse to work more hours despite having agreed to do so?
Why?

Yes, because the maximum overtime is 80 hours and they were already
covered from the 4th month.

b. If nothing was put in the contract, is overtime paid or compensated?

Overtime is compensated.

c. Within what period of time must overtime work be compensated?

Overtime must be compensated in the following 4 months.

6) In a factory in Gandía, due to the "cold drop", the entire warehouse has been
flooded, so the company tells the workers to stay and work overtime to remove the
material from the warehouse before everything is ruined. Among the workers there
are some who refuse to work overtime, such as Pablo, who is 17 years old, and
Javier, who is on a part-time contract.
a. What are these hours called that the company wants to establish?

Mandatory overtime due to force majeure.

b. Does Paul have reason to refuse to work overtime?

Yes, since minors under 18 years of age are not allowed to work
overtime.

c. Can Javier refuse to work overtime?

Yes, since his contract is part-time and is prohibited.

7) A couple wants to reduce working hours at their companies in order to be able to

take care of the 2 5-year-old twins they have. Braulio works from 8 am to 2 pm and
wants to come in at 9 am and Esther, who works from 10 am to 2 pm and from 4 to
6 pm, only wants to go to work in the morning.
a. Do they have a reason to reduce the working day? Which one?

Yes because they have 2 children under the age of 12 that they have to
take care of.

b. What % of the working day does Braulio want to reduce? Is it legal?

 If Braulio wants to reduce 17% of his working day and it is within the
law because he wants to reduce 1/6 and the law establishes from ½ to
1/8.

c. And is Esther's % within the law?

Yes, because it would reduce in your case 1/3 of your working day.

8) Nerea will have to take care of her mother at home during this year, as she is elderly
and cannot look after herself. His company's schedule is from 10 am to 4 pm, so he
wants to reduce his working hours and only go to work on Wednesdays, Thursdays
and Fridays from 10 am to 2 pm, notifying the company one week in advance.
a. Do you have a reason to reduce your working hours? Which one?

Yes, for the care of a family member who is unable to care for
him/herself.

b. Can you only go to work 3 days a week? Why?

No, the reduction of the workday entails the reduction of hours of each
day, you could not work every other day.

c. Is the one week notice correct?

No, the notice period is 15 days and she gives one week's notice.

9) Miguel Angel has 3 children, a 20 year old with a disability but who is working, an
11 year old who goes to school from 9 am to 5 pm, and a 14 year old who has been
hospitalized for several months due to a serious illness. He would like to reduce his
working hours from 10 am to 2 pm and from 3 pm to 7 pm to only go in the
mornings, but the company has told him that if his wife is not working she can take
care of his children and he is not entitled to request the reduction.
a. Is the company correct in denying Miguel Ángel the right to a reduction in
working hours?

No, because you have the right to request it for the care of a minor
affected by a serious illness.

b. Can the reduction be claimed for your child with a disability?

NO since the child performs a paid activity.

c. For your hospitalized child Do you comply with the maximum reduction of
working hours?

YES, it is one of the causes for requesting a reduction in working hours.

10) Eva is finishing her maternity leave so she informs the company that she is going to
ask for breastfeeding time and come in one hour later to work until the child is 12
 months old. On the other hand, your husband is also considering asking for
breastfeeding time at the company, but he is not sure if he can ask for it.
a. Does Eva have the right to come in an hour later for breastfeeding?

No, he could only be absent for 1 hour, or split it into two 30-minute
halves.

b. Can the one-hour reduction be requested until the child is 12 months old?
Why? What are the consequences?

Yes, but your salary will be reduced by 1 hour from 9 months to 12

months.

c. Can the father apply? And both? What does it entail?

Yes, both can apply with the consequence of a 1 hour salary reduction
from 9 months to 12 months.

11) A large company, for economic reasons, is going to collectively lay off 10 of its 40
employees, but after negotiating with the unions, they reach an agreement on an
ERE to reduce the working day of the workforce by 25% of the working day they
have been working.
a. Is a 25% reduction in working hours ERE possible or is the ERE only for
layoffs?

Of course, it can be for both situations.

b. Is the % of reduction of working hours between the legal %?

Yes, since the Statute establishes that it can be reduced from 10% to
70%.

c. What will happen to the day they stop working?

That the employees will receive the remainder of the reduced working
day from unemployment.

12) A woman is assaulted by her partner so she goes to the police and files a gender
violence lawsuit in court. The next day she informs the company that as long as the
protection order is not issued, she can reduce the workday, so she only works half
the workday.
a. Are you a victim of gender violence?

No

b. What are the 5 assumptions to have this condition?

Sentence of the judge, protection order, judicial resolution of

precautionary measures, report of the MF indicating indications and
 report of social services, specialized or shelter for victims of gender
violence.
c. Is the request for a reduction of half of the working day within the reduction
limits for these cases?

YES.

13) The workers of a company have been complaining that they are not being granted
the leave days they are entitled to for personal or family matters, so the company's
unions are demanding that the court grant them such leave. Indicates whether or not
they are entitled to leave for how many days:
a. Relocation on a Friday.

If you have permission and it would apply only on the day of the
transfer.

b. Death of grandfather in the same locality.

Yes, I would have permission and it would be 2 days.

c. Attending a trial as a witness.

The time required for its realization.

d. By marriage.

15 days of leave.

e. Serious hospitalization of a sibling in a different city.

4 days of leave.

f. Surgical operation of a child requiring rest at home.

2 days of leave.

14) Two workers start working for a company on March 1, José for two months and
Juan for ten months. The company's vacation calendar runs from June to September,
so start requesting all vacations on May 10 and publish your vacation on May 30.
a. How many vacation days do José and Juan have?

Joseph would have 5 days of vacation, while John would have 25 days of
vacation.

b. If José terminates the contract and does not enjoy them, what happens?

They should be paid financially.

c. Has the company given advance notice of the dates?

 No, the company should have given 2 months' notice.

d. What can Juan do if he gets July instead of August as he wanted?

You must come to an agreement with the company, and if not you can
file an urgent lawsuit.

e. What happens if John becomes a father during the vacations?

Vacations would be interrupted.

f. Where can I check the company's vacation days?

Vacation days are shown in the work calendar.

15) Elena is a cook and has had to work on Holy Thursday and Good Friday holidays.
a. Are hours worked on holidays always charged?

Of course, they are always charged.

b. If you earn 30€ per day, how much would you earn for the two holidays?

Holidays are paid by adding 75% of the salary to the normal day, which
would be as follows:
30 for the day + 75% of 30 (22.5€) = 52.5€ X 2 holidays = 105€.

c. If you were compensated for rest, and your workday was 8 hours, how many
hours of rest do you have for the 2 days?

It would be the same as before:

If the workday is 8 hours, 75% of that workday is 6 hours added to the 8

hours, resulting in 14 hours for Holy Thursday and another 14 hours for
Good Friday, which gives a total of 28 hours for Elena to rest.

SEARCH EXERCISE IN YOUR AGREEMENT

A) What is the annual working day established?

1784 hours per year.

B) Whether the break time within the workday (snack) is considered effective working
time.

YES

C) If it regulates the irregular distribution of the working day: Number of hours

available to the company, reasons for the availability of these hours, period in which
the compensation for rest will take place.
 The agreement does not regulate this, so it will be governed by the Workers'
Statute.

D) Regarding overtime: Whether it is compensated by rest or paid and for what amount,
and whether it regulates which hours are considered mandatory overtime.

They are remunerated financially by increasing 80% of the daily salary. And
there is no regulation as to which hours are considered mandatory overtime.

E) It does point out some improvement regarding the reduction of working hours for
the care of family members and the possibility of accumulating the breastfeeding
hour in full working days.

A maximum of 1/8 will be for the reduction of the workday and yes, you will be
able to accumulate 17 calendar days in the 9 months.

F) How it regulates paid leave, whether it establishes any improvement in the leave
recognized by the ET and whether it establishes any new leave not included in the
ET.

IMPROVEMENT: 5 days for death of family member in another province, and

2 days for change of address.

ADD: 3 days for birth or adoption and 4 if there is displacement, for marriage
of the son or daughter 2 days and with displacement 3, communion of the child
1 day, for own medical consultations the established time of the consultation,
the time accompanying a family member and for own physiotherapy.

G) The agreements usually detail the characteristics of the annual vacation planning.
a. PERIOD OF ENJOYMENT

30 calendar days.

b. WHEN EMPLOYEES SHOULD KNOW THE DATES OF THEIR

VACATIONS.

2 months before.

c. IF THERE IS ANY ORDER TO CHOOSE THE VACATIONS

14 days between June 1 and October 31.

d. THE REMUNERATION TO WHICH ONE IS ENTITLED TO BE PAID

DURING VACATION.

30 days of salary.
H) If it establishes any measure regarding the elaboration of equality plans in the
companies, as well as if it is mandatory for the companies included in the
agreement.

Equal pay for reasons of sex and the principle of unequal treatment at work
will be respected for all purposes, not admitting discrimination and equal pay
in jobs of equal value.