“You are not obliged to cover another colleague’s vacation if you rest that day”

Hello. This Christmas they told me that I have to cover my partner’s vacation on the day that by law I am entitled to my rest. How should I be compensated for those hours? Thank you.

If you had a day or period of rest set in your work calendar, you are not obliged to work during that day or period, nor to cover another colleague’s vacation. In the event that the company gives the express order to work during that day or period, in addition to communicating your disagreement, comply with the order and from the UGT legal services we will claim the extraordinary remuneration corresponding to that day or period, in addition to additional compensation for damages caused by the business decision.

I work as a masseuse in a spa in a hotel. I wanted to know if I have to go to work on January 25th and 1st or if December 24th and 31st count as a normal day or would I have to work later?

December 25 and January 1 are holidays, but since you work in a hotel it may happen that in your work calendar they are work days for you, so you should work them and they would be compensated with rest or paid specifically, in the terms established by the applicable hospitality collective agreement. December 24 and 31 are workdays, so you must work them like any other workday, but you are under no obligation to extend your normal hours.

Hello. I clean a supermarket and I have to sweep and empty bins. The company has not provided me with any type of coat, raincoat or rain boots. I am required to clean in -2 degrees or very low temperatures and rain. What can I do?

The company must provide you with individual protective equipment in the circumstances you describe. If you are forced to work in these conditions, you must immediately inform the Labor Inspection or go to the UGT legal services to assist you in filing the corresponding complaint.

Hello. I am a security guard and I have to do night patrols outside in the rain and cold. Is it legal?

Given your job, the company may require you to carry out night patrols outside, but it must necessarily provide you with individual protective equipment against the inclemencies you describe.

I work as a traffic controller in an underground bus station and my company does not accept to pay us the extra toxicity for the fumes we endure or the hardship, since we spend the 8 hours of work with super-powerful spotlights and without natural light. What can I do?

The remuneration for the toxicity bonus must be provided for in the applicable collective agreement; and, without prejudice to this, the company must in all cases adopt the necessary measures to exclude or reduce the risks derived from the presence of smoke and high-power lights. If no measure is adopted by the company, we must inform the Labor Inspection of this situation, so that it forces the company to adopt the protection measures against the occupational risks that you describe.

Hello, I work in a restaurant and they have asked me to do the dinner shifts on December 25 and 31. I have refused, but my boss says it’s the right thing to do. Can something be done? thank you

December 25 is a holiday, but since you work in a restaurant that is active that day, the company can assign you the dinner shift in the work calendar, but compensating the work on that day with rest or the specific remuneration established by the applicable hospitality collective agreement. Regarding December 31, this day is a general working day, so you may have been assigned work on that day in the corresponding work calendar, which would force you to work it.

They have hired me in a department store in Murcia for Christmas reinforcement. I have a full-time temporary contract, but I work extra hours every day, is it legal to force me to work overtime?

Not at all, the performance of overtime that you describe is voluntary, regardless of whether your contract is temporary. You must inform the Labor Inspection of this situation and claim in any case the remuneration corresponding to the overtime worked, through the legal services of UGT.

I am an auxiliary services worker in a building. I have asked my manager to leave early on the 24th and 31st so I can have dinner with my family, but they have not allowed me. For me it is very important to reconcile and I would like to know what can be done, thank you.

Unfortunately, those days are workdays, and the company may force you to work your normal schedule as another workday.

Hello good. I work in a law firm and this Christmas I took vacation. The company has asked us to be reachable on holidays in case any emergency arises, but I don’t want to be on the phone. Is it legal? If they call me, am I obliged to answer? Thank you

You are under no obligation to answer calls, messages or emails during your vacation. If they call you, you are not obliged to attend or respond to such calls, messages or emails.

Hello. I had the flu for a few days and I haven’t been able to work, but I couldn’t go to the doctor to ask for sick leave either. My bosses say that I don’t charge them for those days, but I couldn’t work because I was unwell. what can i do?

The absence from work due to the circumstance you describe must be justified with a medical report, even if you had not been in a situation of temporary disability. The company may stop paying for such days, without you having social protection for temporary disability that has not occurred. To avoid greater harm, it is necessary to justify absences due to illness.

I work unloading trucks in a warehouse and spend many hours outdoors at night. The company does not give us equipment to protect us from the cold and we accumulate shifts with many hours outside. is it legal? Thank you

The company must provide you with personal protective equipment in the circumstances you describe. If the company does not provide them, we must go to the Labor Inspection and report the situation so that the company is forced to adopt the protection measures against the occupational risks that you describe. You can also go to the UGT legal services to assist you in filing a complaint with the Labor Inspection.