The Social Chamber of the TSJC has overturned a previous decision that denied the employee's request, recognizing his right to establish his working day on the morning shift, from Monday to Friday, from 7:00 AM to 2:30 PM. Additionally, he has been awarded compensation of 3,500 euros for moral damages.
The ruling highlights the application of an "adolescence perspective" for the case of the 16-year-old daughter, who is undergoing medical treatment for suicidal ideation. This approach differs from the childhood perspective applied to the worker's other minor child.
The described condition in a 16-year-old adolescent is clinically relevant and potentially urgent, precisely because it involves an adolescent with suicidal ideation.
The Post Office company had argued the need to reinforce the afternoon shift for operational and delivery reasons. However, the court concluded that these abstract reasons should yield to the proven family needs, considering the gender, childhood, and adolescence impact in the case.
An adequate and teleological interpretation of the worker's rights to family and work-life balance must be made. We must necessarily opt for the justified request for specific working hours from the plaintiff, with the abstract organizational reason put forward by the company having to yield in this case.
This resolution sets an important precedent by establishing a relevant criterion for work-life balance, differentiating adolescence from childhood in contexts of mental health and schedule adaptation.
