It is legitimate, because it is not a substantial modification of the employees’ working conditions, the weekly distribution of jobs in the workplace through a computer application, which operates on the work system and performance of the workforce, as determined by the National Court, in a ruling of July 27, 2021.
The rapporteur, Judge Niño Romero, considers that there is no substantial modification of the working conditions, since it is a computer application that allows the organization of the work centers more efficiently by taking advantage of the spaces depending on the degree of occupation of the same by the staff.
It also concludes that there is no evidence of a lack of effective occupation nor that a job is not guaranteed to each worker.
It also rejects the allegations that there is mobility of workers since there is no record that workers are transferred from the workplace or locality by the computer application in dispute.
Alfredo Aspra, labor lawyer, explains that, as it is deduced from the judgment of the National Court, “it seems reasonable, for example, that being a five-story building attended by personnel from the different floors, but in an amount that would occupy In practice, only two floors are effectively used with the job allocation system, thus avoiding the unnecessary use of all floors in the business building with the consequent improvement in the management of some company costs, such as electrical supply, cleaning maintenance and many others that affect any company “.
In the present case, it has been proven that the job allocation system has a weekly schedule that does not vary throughout the week in question; that the configuration of work teams is respected since the reservation of nearby jobs is encouraged; that workers are not changed from the workplace; and that there are no objections by the Labor and Social Security Inspectorate on the matter.
For this reason, Judge Niño Romero, reasons that in short, we are in this case before “a new business criterion of work organization that does not affect the matters contemplated in article 41 of the Workers’ Statute (ET), and that It responds to reasons of effectiveness and organizational efficiency for a better use of the material resources that the company needs for the execution of its business purpose “.