The company Ambuibérica will have to pay an ambulance driver from Palencia more than 19,600 euros for overtime hours accumulated over five years, which rise to 1,050, in compliance with a ruling by the Palencia Social Court that opens the door to similar claims .
The Social Court number 2 of Palencia has upheld the worker's claim and has ordered the ambulance company to pay him 19,683.96 euros in overtime from 2018 to 2022, both included, plus legal interest for late payment, according to the sentence.
The worker, an ambulance driver since 2003, demanded payment from the company for the overtime worked during those years since according to the sector's collective agreement, his annual working day is 1,800 hours and the company had not granted rest days in compensation for hours provided above the maximum expected.
The ruling handed down by the Social Court number 2 of Palencia, recognizes the nature of overtime for those that exceed the annual working day of 1,800 hours provided for in the Collective Agreement for workers in the sector who carry out the Emergency Service on a regular basis. of 24 hours/day and rest of 72 hours, and the 24 hours of presence at the base or work center must be counted as effective work time and counted for the purposes of the annual working day.
The court applies a resolution of the Court of Justice of the European Union (CJEU), arguing that the characteristic elements of the concept of working time occur when the worker is obliged to be physically in the place determined by the employer and to remain available to this to be able to provide its services immediately in case of need.
In these situations, the worker must remain away from his social and family environment and has little freedom to manage the time during which his professional services are not required.
The calendars provided by the worker and which are valid, reveal that he carried out the days provided for in the agreement with physical presence in the workplace and that "the total number of hours in which he provided service must be considered as effective work time." ".
Specifically, 282 overtime hours performed in 2018, 240 in 2019, 192 in 2020, 168 in 2021 and another 168 in 2022 have been claimed and recognized.
The ruling concludes that "the completion of the extra hours must be considered accredited, in relation to which all the hours reflected would have to be considered effective work and therefore must be paid as overtime."
The sentence is not final and can be appealed before the Superior Court of Justice of Castilla y León, but, as Palencia lawyer Amaya Rodríguez, from AFYSE Abogados, who has represented the worker, has stressed that it is important because there is more than one Twenty ambulance workers who are demanding what has now prospered, the payment of overtime.
