A court in La Rioja has confirmed that employees who repeatedly leave work before their scheduled end time can be dismissed without compensation. The ruling clarifies that finishing at the agreed hour is not a violation, but leaving early after warnings may justify termination.
An employee in La Rioja lost his job after repeatedly leaving work before his shift officially ended, despite several warnings from his employer. The regional Superior Court of Justice has now confirmed that such behavior can justify dismissal without severance, drawing a clear line between finishing at the agreed time and abandoning the workplace early.
The case centered on a 15-minute snack break that, according to company policy, did not count as working time and had to be made up. The employee, however, left his post a few minutes before the end of his shift on multiple occasions, even after being explicitly told not to adjust his schedule on his own. Previous warnings and sanctions had not changed his conduct.
Key Distinction: Early Departure vs. Scheduled Finish
The court emphasized that leaving at the scheduled time is not a disciplinary offense. The problem arises when an employee stops working before the end of their effective working day, clocks out early, or repeatedly ignores company instructions about hours and breaks. In this case, the repeated early departures—despite clear warnings—were decisive in upholding the dismissal.
Legal Framework: Workers' Statute
Spanish labor law requires employees to be at their post at both the start and end of their daily shift. The length of the working day is set by collective agreement or individual contract. Article 5 of the Workers' Statute obliges employees to fulfill their duties in good faith and follow lawful instructions from their employer. Article 54 allows for disciplinary dismissal in cases of serious and culpable breaches, including repeated and unjustified absences or lateness, insubordination, and breaches of contractual good faith.
When Dismissal Without Severance Applies
Not every minor infraction leads to dismissal. For a disciplinary firing to be upheld, the employer must prove a serious and repeated breach, supported by evidence such as prior warnings, time records, and internal policies. The crucial issue is not leaving at the agreed time, but reducing the actual working day by leaving early, ignoring instructions, or failing to comply with timekeeping requirements.
Recent Supreme Court guidance also requires employers to give workers a chance to respond to allegations before termination, except in justified exceptions. This procedural safeguard applies to new dismissals from 2024 onward.
In summary, finishing work at the scheduled time is not grounds for dismissal. However, consistently leaving early after warnings, failing to follow company rules, and reducing actual working hours can justify termination without compensation, as confirmed by the La Rioja court.
