Revistes Catalanes amb Accés Obert (RACO)

The “daily” characteristic of the reduction of working hours due to legal care. Reasons for an alternative and constitutional interpretation of article 37.5 of the Worker’s Statute

Joan Agustí Maragall

Abstract


In front of the restrictive –and critical– interpretation done by the scientific literature regarding the addition of the word "daily" in the right to reduced working hours regulated by art. 37.5 ET, it is reasoned that, with this interpretation, the rule should be declared unconstitutional for various reasons (the legislative procedure that was used, the ignorance of the constitutional dimension of conciliation rights and the "ex lege" generation of a situation of indirect discrimination) and, therefore, it is proposed –from the specific judicial function– an alternative interpretation consistent with the constitutional framework.

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ISSN: 1699-2938