What is a worker's weekly rest?

To find the definition of this concept we have to turn to Article 37 of the Workers' Statute. This refers, in addition to the rest period of each week, to holidays and leave. It is considered as the period of time longer than 36 hours during which the worker is not obliged to attend his post. Specifically, Article 37.1 specifies that the worker over 18 years of age is entitled to enjoy a minimum weekly rest period, at most, it can be accumulated in periods of up to 14 days. As a minimum, it must be one and a half days uninterrupted and comprise Saturday afternoon and the whole of Sunday or the whole of Sunday and Monday morning. On the other hand, if the worker is a minor, two days of uninterrupted rest are compulsory. This applies in general, but sometimes there are particularities that are best consulted with a qualified law firm.

Rest between days and other opinions

Likewise, and although it is not the main issue that concerns us here, we must make a brief reference to rest between working days. Article 34.3 of the Workers' Statute states that it must be a minimum of 12 hours. This period begins to run from the moment the employee leaves the workplace until he or she returns to work.

Anyone who considers that this right is not being respected can turn to an employee's lawyer to demand compliance with this right from their employer. However, the sector to which your profession belongs must not be regulated by Royal Decree 1561/1995 of 21 September 1995. This refers to weekly rest and rest between working days in special cases such as children, e.g. workers in the fields, at sea, in the hotel and catering industry, in mines and in security surveillance.

For their part, on the basis of the judgment of 23 October 2001 of the High Court of Justice of the Basque Country, workers do not have the right to choose these rest days in a way that contravenes the provisions of the Workers' Statute or the Royal Decree mentioned above. Nor do they have the option of waiving this minimum weekly rest period even if they have agreed on a subsequent improvement with their employer. The only exception is when the working day is irregularly distributed due to the intrinsic needs of the company's work activity and which require a consequent adaptation.

Any detriment caused to the rest between working days and weekly rest to which the employee is entitled can be reported and is subject to the payment of compensation. In this type of case, however, the work of an employee's lawyer is essential.

The break during the day

We are all familiar with it too. After all, companies give their employees specific breaks for breakfast, lunch or any other type of break. However, this period of time is unique and does not count either for the weekly rest or for the rest between shifts.

The Workers' Statute specifies that whenever the working day is longer than 6 hours, the employee is entitled to a rest break of at least 15 minutes. In addition, in case it has been agreed by the legal representatives of the workers or in the collective agreement, this break has to be remunerated through the employee's salary.

This rest period may be longer than 15 minutes. In fact, this is the legal precept that covers the establishment of split shifts, i.e. shifts that are established between morning and afternoon or evening with several hours of rest in between. In any case, it is usual for companies to grant their workers a rest period of between 45 and 60 minutes during an 8-hour working day.

Sunday as a public holiday on religious grounds

All of us, to a greater or lesser extent, have internalised that Sunday is a public holiday. In fact, this is a fact that has been assumed by the Spanish State through a pact with the Holy See, that is, with the Vatican, which dates back several decades.

However, although such an agreement exists, there is no obligation to comply with it. This is something that the different courts of justice in our country have repeatedly made quite clear over the last few years. According to them, the fact that Sunday was almost unanimously considered as the day of rest for the worker is due to a matter of tradition and not religion. Therefore, the company has no obligation to respect it if it is not suitable for its productive and commercial needs and has no infringement on the worker's freedom of thought and religion.

So, what happens if a worker decides to miss work to attend mass or any other religious celebration on Sunday? Well, the company will consider it as an unjustified absence and, when it is accumulated, may dismiss the worker for disciplinary reasons without the right to compensation.

It is curious that this issue has given rise to a multitude of labour lawsuits over the years and that the result has always been the same. The courts, according to existing jurisprudence, have ruled in favour of the employer and considered these cases as derivative dismissals.