Weekly Rest in the Service Sector
The answer of the Supreme Court of Justice in Uruguay is blunt: no.
Although there are legal opinions that support a different opinion, the Court has understood that the weekly rest regime corresponding to the commerce sector applies to the service sector, that is, 36 hours of weekly rest.
Let’s get to the facts. Workers of an important security company complained about the work done on days of rest. They stated that the company incorrectly applied a 24-hour weekly rest regime, below that applicable to the commercial sector.
The company rejected the workers’ proposal. In his defense, he argued that the weekly rest in the service sector is not expressly regulated and that the Wages Council award applicable to the company (“the Award”) expressly determined that the applicable weekly work regime was 48 hours of service and 24 hours of weekly rest.
The Court ruled in favor of the workers and based its position on three fundamental considerations. Namely:
The first: in the opinion of the Court, the rules of the trade sector (which contemplate a weekly rest of 36 hours) are applicable to the service sector.
The second: the protective principle. That is, if there is more than one possible solution, the one most favourable to the worker must prevail.
And the third: what is agreed in the Award is absolutely null and void and can be released ex officio. The Court said: “Workers, individually or collectively, cannot validly waive the minimum levels of protection contained in rules of public order, such as, without a doubt, the maximum limit of the weekly working day. (…) The waiver of legal benefits, even that agreed upon through the guarantees of collective bargaining, shall be invalid.”
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For more information please contact Dr. Rodrigo Felló and Dr. Mariana Pisón.
