Time Control Part-time Workday

Time Control Part-time Workday

6 January 2021

The absence of hourly recording in part-time contracts means that, in the event of a dispute, judges must prove that the worker performed full-day duties. And this, for example, in the event that dismissal is challenged, can lead to the company paying higher compensation. Something similar has happened with an establishment in Salamanca, which will have to pay a former employee almost 6,600 euros (plus 10 per year in terms of interest) for several monthly payments of outstanding salary. The employment relationship between the worker, the waitress and the premises lasted barely eight months. After the liaison was extinguished between the two, the employee sued the company for four months' salary plus his holiday pay. The Court of First Instance recognised the debt and ordered the company to pay certain wage items calculated on the basis of a part-time working day. However, following the plaintiff's appeal, the High Court of Justice (TSJ) of Castilla y León has recalculated and raised this amount, as if the working day of the affected workers was eight hours, since the employer did not provide the time record. In addition to being obligatory, the worker must have a copy of all entries and exits.

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