BARCELONA, 1 Sep. (EUROPA PRESS) –
The Superior Court of Justice of Catalonia (TSJC) has endorsed the payment of overtime if the company does not provide the mandatory time record included in article 34.9 of the Workers’ Statute since the entry into force of Royal Decree-Law 8/2019.
In the sentence, collected by Europa Press, the TSJC upholds an appeal filed against a sentence of April 29, 2022 of the Social Court 2 of Granollers (Barcelona) that dismissed the payment of overtime to a worker for not considering it sufficiently accredited its realization.
The TSJC has considered that the breach of the employer’s obligation to not record the worker’s working hours on a daily basis cannot benefit him when overtime payment is claimed.
It has detailed that the sentence of the Social Court that dismissed the payment of overtime violated article 217.2 LEC, “since the burden of proof was transferred to the plaintiff instead of being imposed on the offending defendant.”
For this reason, it has recognized the total overtime demanded by the worker, 1,250.50 hours, as well as the payment of these and “10% interest for the delay.”
