New historic ruling on labor rights. The time it takes us to commute to work is considered part of the working day. This is how the Superior Court of Justice of Madrid (TSJM) sentenced it, recognizing it in a sentence dated January 27, in which the social court partially upheld the appeal of a worker against a ruling of the Madrid social court of July 2022.
Hired full-time in 2010, in 2012 the employee obtained a part-time shift to take care of her daughter, and in 2021 it was established that she would provide her services partly through teleworking and partly in person at two different, separate centers between them for more than 13 kilometers and one of them 27 km. from her home.
Faced with the impossibility of carrying out her tasks, the worker requested that the right to reconcile her work and personal life be declared given her status as parent, and requested that she be transferred to one of the work centers, or that the working day be adapted work already reduced as face-to-face work time and the rest as non-face-to-face and intended to compensate for the greater distance from the center to which it was visible.
Otherwise, he requested a private transport bonus that amounted to a minimum of 155 euros per month; that he be paid compensation of 6,250 euros, for moral damages, as well as the existence of damages for having to use a private vehicle to go to work, for a value of 213 euros, also per month.
Travel time to the center where you must go in person went from 35 to 80 minutes each way. The social court rejected her claims and did not recognize her right to a change of center, since the one chosen by the worker did not have vacancies; It also considered that her rights did not include the calculation of her travels as work time, nor the payment of transportation expenses, “hence there is nothing to compensate.”
Right to reconcile personal and work life
In its ruling, the TSJM emphasizes that “there is” the right to reconcile personal and work life, “abstract law must be reasonable and proportionate both from the point of view of the worker and from that of the company”, for what “it is reasonable to oppose this change of center”.
Although it rejects the plaintiff’s claims regarding the compensation that she must receive, which she establishes at 1,000 euros, and regarding the calculation of transportation costs, the TSJM concludes that for the calculation of the actual daily hours of the worker, from 9 a.m. to 3 p.m. , the 45 minute difference resulting in displacement must be taken into account.