The Supreme Court of Spain issued a ruling that sets a significant legal precedent regarding working hours and timekeeping, by confirming that short employee breaks must be considered as effective working time. The Supreme Court, however, corrected the criterion of the National Court and ruled in favor of the unions (CCOO, UGT, and SECB). The ruling establishes a fundamental legal principle: the implementation of a new control system (such as digital timekeeping) "must respect the pre-existing situation".
This ruling took place amidst discussions about the new labor reform in the country. According to the Argentine News Agency, the Supreme Court's ruling ratified two key rights for workers:
Grace Period: The clocking in made in the 15 minutes following the agreed-upon start of the shift must be computed as the agreed-upon start time.
Coffee Break: The time dedicated to the coffee or breakfast break must also be considered as effective work.
Timekeeping vs. acquired rights The conflict arose when CaixaBank attempted to eliminate the recognition of these benefits through the implementation of its new "Timekeeping Guide" of 2019. The magistrates reiterated that a new regulation or control tool cannot nullify labor rights that had already been consolidated through collective bargaining (a 1991 agreement in this case).
Although the ruling applies directly to CaixaBank workers, its criterion creates a relevant legal precedent that could be used as an argument in future worker claims related to the working day.
