The sentence also obliges the company to indemnify it with 6,251 euros for moral damages
A Barcelona judge has ordered a company that readmit and indemnify with 6,251 euros for moral damages to one waitress who was fired because he refused to wear only the few clothes that the owners imposed on him from a bar from the Catalan capital: bra, shorts and stockings.
In the sentence, to which EFE has had access, the head of the Labor Court number 4 of Barcelona agrees with the worker, who provided her services contracted by the company AlemanProduct SL, and orders his “immediate reinstatement”, without now being able to impose this type of clothing, as well as compensation for concluding that the “imposition” of wearing so little clothing violated her right to honor and caused her non-material damage.
The worker was signed for a temporary contract by AlemanProduct SL on February 14, 2020 as an assistant waitress, with hours between 6:00 p.m. and 2:00 a.m. and a gross salary of 1,586 euros per month, so she began to work in the bar ‘Dollhouse’ of Barcelona.
as little clothing as possible
The company, in accordance with its activity, imposed a specific dress code on the waitress, which forced her to wear as little clothing as possible, specifically panties, culottes and a bra.
The worker was not comfortable with this clothing – when “promptly” she took it she came to suffer an “embarrassing” situation with a client, according to the sentence – so in June 2021 she began to put on dresses or jeans and clothes that made you feel better.
Faced with this situation, on September 6, 2021, the manager of the premises called his attention and warned him that he could not dress like this since he had to wear the few clothes that he had been told, claiming that it was what the customers wanted. The next day, the head of the company He insisted that he should dress as he had been told.Although she maintained her refusal.
Later, on September 8 the company reprimanded the waitress in writing for refusing to follow the dress conditions, and on the 12th of that month, upon verifying that she maintained her refusal, they forced her to take vacations until on October 25, 2021, they notified her of the termination of her contract.
The woman, represented by the lawyer Javier Arandahe appealed to the courts, which have ended up agreeing with him, considering his dismissal unfair and concluding that the obligation to wear little clothing violated his right to honor.
Moral damages
In her sentence, which can be appealed, the judge considers “fully accredited” the moral damages caused to the worker for the imposition of this clothing as well as for the consequences that this entailed, due to the incident he had with a client, in an embarrassing situation that a witness in the trial detailed.
For this reason, the judge agrees that the company compensates the woman with 6,251 euros, for the moral damages caused.
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It also declares the nullity of the dismissal for violation of the fundamental right to honorto the personal privacy of the family and to one’s own image, for which reason it condemns the company to immediately reinstate the worker, without imposing on her the clothing that has been determined “contrary to the fundamental rights” of the plaintiff.
It also condemns the company to pay 1,613 euros to the waitress, plus 10 percent interest, for outstanding wages and vacation pay.