Judge accepts that a woman telework 90% to promote her conciliation

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The Social Court No. 2 of Avilés has ruled in favor of the woman who requested to telework 90% of her working day in order to facilitate her work-life balance , after having become a mother. The ruling, dated February 11, 2022, estimates that “ the interest that must be protected is that of the minor , and, therefore, that of her working mother.” We put in context The woman works as a researcher in a company based in Avilés (Asturias). In mid-March 2020, coinciding with the start of the pandemic, with the permission of her company, the worker moved to the family home in A Coruña , to telework from that location. Panoramic view of the City of A Coruña.

(Photo: Econatal) Although the worker had a baby girl in March 2021 , the company informed her that she had to return to work in person starting in October of that year. Dissatisfied with this point, the woman sent a letter to the company explaining her situation and requesting that she be granted the possibility of carrying out 90% of the provision of Phone Number Data services in the teleworking modality. Instead, after an exchange of messages and opinions, the company sent its final proposal: for organizational reasons, the employee could only telework 28.5% of her working day. The request is "justified, proportionate and reasonable" Now, the Social Court No. 2 of Avilés agrees with the worker and interprets that her request to provide services in the teleworking modality is “justified (…) for reasons of reconciling work and family life ”.



Furthermore, in his opinion, such a request is “proportionate and reasonable” since both the plaintiff's family home and nuclear family are located in the city of A Coruña, which is approximately 250 kilometers from the workplace. Along the same lines, the Magistrate-Judge shows that during the year and a half in which the worker was carrying out her duties under the teleworking modality, “ no disruption or harm to the company” has been proven. The interest that must be protected here is that of the minor For further argument, the recent ruling emphasizes that women already enjoy a reduction in working hours , precisely due to legal guardianship.