He Social Court 4 of Zaragoza has upheld the demand presented by the legal services of the STOPEL union in order for Stellantis recognizes the five-business-day permit due to serious accident or illness and hospitalization of family members.
In the final ruling of the social court it is stated that these five days of leave, included in the article 37 of the Workers’ Statute in June 2023, they must be workable and not natural as Stellantis has been applying until now.
The general rule established by jurisprudence is that, if the day on which the causative event occurs is not a working day, leave for family reasons does not begin until the first following working day, since it is granted for enjoyment on working days at the end of the day. It will not be necessary to ask for them on holidays as there is no work.
The possible doubts about the interpretation of this precept have been caused by a ruling of the National Court last September. However, the Stopel union has indicated that they have had to go to court because Stellantis does not apply this general rule to its workforce.
“There are many colleagues who have been denied the days they are entitled to and some have had days deducted from their salary,” says Carlos Díaz, spokesperson for Stopel.
As explained by this organization, Stellantis reduces the days of leave by including holidays in it. This means that when workers are absent for five working days, the days considered not worked are deducted from their salary. In addition, the employee must pay the Social Security fee for those days.
For Stopel, and in view of the sentence, Stellantis should automatically return the discounts it has made.
This five-day permit was incorporated into article 37 of the Workers’ Statute in June 2023 as a consequence of the transposition into Spanish Law of the caregiver permit provided for in the European Directive 2019/1158 in which the term “five working days” is expressly indicated.
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