The Galician Superior Court of Justice has sentenced a company to pay 3,000 euro for non-pecuniary damage to a home help assistant who needed to split up her vacation due to her son’s illness.
According to the sentence, despite the fact that the employee proved her family needs – due to the intervention of the minor, she needed to have days in August, September and December -, the company refused to negotiate.
“The company denied her the right, thinking that exercising her power would not have any consequences,” says Lidia Vázquez Méndez, a lawyer for the victim, who believes that “these courageous court decisions, which denounce violations of rights, will allow little by little the workers can make effective their reconciliation of work and family life without having to go to court”.
The merchant forced its staff to divide their vacations into two fortnights. “The non-recognition by the company of the right to divide vacations in a way other than two fortnights violated their right to reconcile family life,” says Vázquez.
In addition, the lawyer argues that “the agreement does not prevent said division, since it simply conditions it to the agreement of the parties. The company has limited itself to denying the requested conciliation measure, not based on organisational reasons but on the conventional impossibility of granting it, which is not a legitimate argument.
“Precisely the agreement allows it, even if it is exceptional, and the company has already granted the same thing that the plaintiff requested to other workers,” adds the lawyer.
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