In this ruling we are faced with a worker who requests that she be granted teleworking.
The worker develops contact center activity, this company has a national staff of about six thousand people.
The campaign to which the plaintiff was attached ended on August 31, 2021, with the majority of people participating in the telecommuting
It was denied to the worker the possibility of teleworking, without indication of the company of the circumstances that make it impossible, when approximately 95% of the workforce was assigned to the remote modality.
The plaintiff has been in a situation of Temporary Disability from March 31, 2020 to May 15, 2021 and on voluntary leave from August 16, 2021 to September 6, 2021.
Another aspect to take into account is that the worker She requested the adaptation of the day for legal guardianship of a child under twelve years of age, her son has a 37% disability and a degree II dependency situation.
The worker filed a lawsuit against the company claiming rights to reconcile personal, family and work life and fundamental rights.
The 14th Social Court of Madrid issued a ruling upholding the worker's claim; the defendant filed an appeal against the ruling.
Failed: The court rejects the appeal filed by the company against the ruling of the Social Court 14 of Madrid and confirms the lower court ruling.
