Absence from work
In this way, the right of the workers' representative to leave the work is recognized without this leading to a loss of their remuneration. These excused absences are what are known as credit hours.
In this regard, the Supreme Court has issued a ruling stating that trade union representatives may have 40 union hours. In addition, it is established that this time can not be accumulated with the hours they count as part of the works council.
The judgment of the Supreme Court expands the right of the delegate of the works council to the accumulation of union hours. It dictates the decision that the worker can not accumulate, but he does enjoy the credit recognized according to his status as union delegate, provided that these hours are greater than those he has recognized as part of the works council. The court's decision seeks to guarantee the full exercise of freedom of association.
Thus, the ruling maintains the doctrine established by a previous sentence of 2015 that establishes that, in case of having a dual status as a union delegate and member of the works council, the worker can make use of the credit that has more time hours, but rejecting its accumulation.
The notice to the Company
It should be noted that the time credit with absence from work does not require an authorization from the employer. However, the rule stipulates that prior and justified notice must be given in the case of paid leave. This notice is intended for the employer to do what is necessary to replace the worker. This notice must be given within a reasonable time, without implying informing the employer of the issues to be discussed at the meeting convened.
Controls and duration of this credit
The control of the misuse of the credit credits corresponds to the workers and represented, being able to revoke the mandate as established by law. The entrepreneur through his disciplinary powers, can also exercise this policy, although it is often avoided to avoid an unpleasant climate in the company.
The credit can only be arranged for 11 months a year, because it is a paid leave and is incompatible with the annual leave of the worker. This is established by the ruling, stating that a company that has been validating the vacation time to establish the credit schedule, in no way generates an acquired right.
Thus, the judgment of the Supreme Court maintains the line of jurisprudence that confirms that the credit is individual in nature. Another objective is to ensure its correct calculation, maintaining the guarantees for the free exercise of trade union activity.
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