LEGAL COMMENTARY ON THE RIGHT TO AVOID OVERLAPPING WEEKLY REST WITH PUBLIC HOLIDAYS

Recently, the Supreme Court has issued a highly significant ruling in labor law, reinforcing workers' right to fully enjoy their weekly rest without it being overlapped by annual public holidays.

1. Case Background

The dispute arose from a collective conflict lawsuit filed by a labor union against a company in the publishing sector.

Main issue: When workers' weekly rest coincided with a public holiday, the company did not provide any compensation, effectively reducing the employees' actual rest days.

2. Legal Grounds of the Ruling

The Supreme Court has reiterated an already established doctrine in previous rulings, stating that:

  • Weekly rest and public holidays serve different purposes, but both are based on the right to effective rest, as recognized by the Constitution and the Workers’ Statute.
  • The minimum weekly rest (one and a half uninterrupted days) must be fully guaranteed and cannot be replaced by a public holiday.
  • In the event of overlapping, the worker is entitled to additional compensation, ensuring the full rest period they are entitled to.
  • It is not necessary for the worker to be on rotating shifts for this right to apply; it also extends to those with fixed shifts.

3. Consequences for Companies

This ruling has a direct impact on the organization of working time and rest policies within companies. Some of the most important implications include:

  • Reviewing work schedules to ensure all employees receive their full weekly rest.
  • Mandatory compensation in case of overlap, either through an additional rest day or other measures stipulated in the collective agreement.
  • Adapting collective agreements and internal arrangements to avoid non-compliance, which could lead to litigation or penalties.
  • Impact on sectors with public holiday work and irregular shifts (retail, hospitality, healthcare, etc.), where this doctrine may require adjustments in shift organization.

4. Conclusion

With this ruling, the Supreme Court strengthens the protection of workers' right to rest, aligning with constitutional principles and European regulations on working time.

From our firm, we recommend that all companies review their working time management policies to prevent labor disputes and ensure regulatory compliance.

We remain at your disposal for any inquiries or advisory services regarding the implementation of these measures in your organization.

Sincerely,