Court Upholds Dismissal of Worker for Refusing Mandatory Break. In La Rioja, a court has ruled the dismissal of a metal plant worker lawful after he refused to take a mandatory 15-minute break. The dispute lasted for years and ended with a decision in favor of the employer.
An employee of a metallurgical plant in Logroño, who had worked at the factory for more than two decades, was dismissed after refusing to comply with a mandatory 15-minute break during his shift. The legality of the dismissal was upheld by the Supreme Court of La Rioja, putting an end to a prolonged labor dispute.
The origins of the dispute date back to 2008, when the company revised its labor organization rules due to the economic crisis. At that time, following an agreement with labor unions, the 15-minute 'sandwich break' ceased to be considered part of paid working hours, and shifts were extended to 8 hours and 15 minutes. The break became mandatory and unpaid, as set out in internal documents.
In 2019, the employee switched to a reduced schedule to care for his child, working from 8:00 to 15:15. However, upon returning from vacation in September 2023, he notified management that he did not intend to take the break and would leave work 15 minutes earlier, believing he had already worked that time. Furthermore, he stated his intention to demand compensation for 'unpaid' breaks over previous years.
The company reminded him that the current agreement had not changed and that the break was mandatory both by law and by internal regulations—especially in an industrial setting, where occupational safety is critical. The employee was repeatedly warned about violating the schedule, but he continued to disregard the requirements, leading to disciplinary actions and, ultimately, dismissal.
The employee tried to challenge the dismissal in court, insisting it was unlawful. However, the court sided with the employer, emphasizing that refusing to take the mandatory break is a violation of labor discipline, and the company could not ignore such actions without risking occupational safety fines.
Case law on labor disputes in Spain is inconsistent: previously, for example, a court in Murcia declared a worker's dismissal for personal calls unlawful, as the employer had made procedural errors. More about this case can be found in the article about the dispute over phone calls at the workplace.
The case in La Rioja shows that even experienced employees are not immune to dismissal if they commit fundamental violations of internal rules, especially regarding occupational safety requirements. For Spanish businesses, compliance with formal procedures and collective agreements remains a key factor in labor relations.
