She moved from Cantabria to La Rioja, where her husband found a job and her son found a school, and the company denied her to continue teleworking
He Labor Court Number 3 of Santander has recognized the right to telework of a telephone operator from the Digitex Informática company, based in Camargo, who during the pandemic changed her residence from Cantabria to La Rioja, where her husband found work and her son found school.
According to the sentence, sent by the union USO and consulted by Europa Press, the applicant started working for that company in August 2006.
Due to the pandemic, theThe company “exceptionally” adopted the telecommuting, formula that the worker adopted since November 2020. In September 2022 the company informed her that she had to return to work in person.
Given this requirement, and given that had moved from place of residence to another autonomous community, The worker proposed to the company to continue teleworking, but it was denied, considering that her request “is not compatible with the organizational and productive needs of the company.”
After that, the telephone operator sued Digitex, being assisted by the USO union and, with the legal direction of Ignacio Fernández, went to court “understanding that the balance between the damage caused to the company and the benefit of the worker made it advisable a favorable mediation of labor conciliation and therefore of permanence in non-face-to-face mode, just as it had been doing during the pandemic”.
After the trial, in which the company did not appear, the magistrate, in his sentence, against which there is no appeal, stated that “the need for the worker to telework has been demonstrated, not only due to the absence of the company, but also because the plaintiff (the worker) resides in La Rioja, her husband too, and the child the same. In addition, the activity carried out by the worker allows teleworking”.
The ruling confirms the absence of a negotiation period, mandatory in this type of situation, since the company it limited itself to denying the request for permanence in non-face-to-face mode.