Is it possible to eliminate restaurant vouchers as a result of the implementation of teleworking?

We offer you a small commentary on ruling 44/2021 of the National Court. In it, the court rules that the company cannot unilaterally modify the application agreement to eliminate the right to receive restaurant checks and rest time and are protected by article 41 of the Workers' Statute (substantial modifications to working conditions).

The object of this litigation is the modification of conditions that affect workers who, as a consequence of the situation created by COVID 19, especially due to the declaration of the state of alarm, following the company's instructions, have begun to carry out remote work (teleworking) outside the workplace, either at their home or at another address designated by them. These workers are affected by the business decision consisting of modifying the working day, setting it between 8:00 a.m. and 4:00 p.m. and eliminating the meal break time, and eliminating meal tickets.

Regarding this modification of the working day, it is understood that it is contrary to article 34 of the Workers' Statute, since the aforementioned article contemplates a break of no less than fifteen minutes when the working day that workers carry out daily exceeds six hours and in this case the company did not contemplate this break established by law.

The ruling reflects that there is no reason for the elimination of restaurant checks, this being a right that is reflected and therefore protected by the company agreement and it is expressly indicated that it is considered wage bill.

Failed: The company does not have the power to replace the conventional regulations that were being applied to its workers neither in rest time nor with meal checks.

The court orders the company to restore those affected to their previous working hours and delivery of tickets, as well as to pay the damages caused by crediting the hours and paying for the suppressed tickets.