Until several days ago, Lydia worked in the pharmacy of terminal 4 Barahas airport in Madrid, on an alternative weekend. On Wednesday, July 2, he asked his boss to adapt the calendar to reconciliation. He has two young children, one and three years, and the other two, a little older from his partner, and he forced him to “very hard” to organize to take care of the summer. The company did not like the request, and, just three days after the request of reconciliation measures, Lydia was dismissed. On Saturday, July 5, at 6 a.m., when he appeared at his work, the manager was waiting for her with a letter about disciplinary dismissal. Lydia is not called Lidia, but this information was issued using any data that can identify it.
T4 is a large pharmacy that has three stores in the same terminal. This is “open 365 days a year, including Sunday and holidays”, according to his web site. This requires a lot of labor: although there are no publicly available data on the number of employees, Lydia notes that 66 people are in the internal group. Three commercial premises occupied by this pharmacy are Anana’s public assignment.
For almost two years, when he worked on the company, Lydia explains that he never discovered that institutions reconcile their personal and working life. From the very beginning, they made it clear that there was no flexibility, and they say that they even gave him to attend the company’s dinners and training outside his working schedule. According to the employee, they did not receive news that she was pregnant. She says that she lacked “more than one day” since the moment of this, but this summer logistics was complicated. Lydia and her partner live in Madrid, “in an extended family”: “We have two small creatures: one of one and a half years and another of three and a half years old, which have been my biological children, and their two sisters, five and nine years old, who are the daughters of my partner,” he says. Without a family network nearby, they decided to leave the city to get closer to grandparents and have support in care, so the trip to Madrid was difficult. “It was either separated from the smallest and go alone to Madrid or move the entire family system, which means expenses, logistics stress and gap.”
Therefore, he decided to try to request agreed measures from his company. The first thing he did was sent an informal message to his boss through WhatsApp. On Wednesday, July 2, he wrote to him, explaining the situation and offering various options. The report said: “Hello! I hope everything is fine with you, I don’t know if you are on vacation. I am writing to you because logistics has failed me, and care for children this summer is quite difficult, ”he began. From there, he proposed various options for the organization: change shifts with companions or return the days after the summer. If it was impossible to organize the turns internally, Lydia suggested asking for some eight weeks of parental permits for minors, without remuneration. He also submitted a mixture of all options: “One week of permission, the other with someone, who makes me a change …”, suggested to the employee.
The manager responds in an angry audio message; This is his transcription: “Let’s see, it’s amazing that you tell me. That is, I understand your problems, but everyone has children, and everyone has a vacation. Then it is very difficult that you are now asking you, this is permission, it seems to me very unfair that everyone has their own holidays, and we are ready to work. Imagine how the airport is on the weekend of summer, ”it begins. The only option that he offers is to change shifts with his classmates: “You are a lot, try to organize, but we always told you that you cannot take a vacation in the summer,” is busy.
As for the unpaid permission to reconcile, the pharmacy manager abruptly discards him: “It does not seem to me at all,” he replies. “If this happens, I would really ask you (you think), if you want to continue to work here, there are pharmacists who end the contract and would like to stay at work.” And continue this: “Shit is a little, but, frankly, it does not seem to me that for a large labor law that you have, you do it in the summer, because we cannot cover you on weekends. Here we all had children, I have the first, and we must manage. And at the airport only summer we can help you. ” Finally, Lydia urgently make a decision quickly: “Tell me something tomorrow or in the past, and you give me a decision because I am going on vacation, and then I can no longer decide it,” his boss says in this first audio message.
He is Lydia that the message is “very shifted”, “in shock”, “for both tones and content”. Then he says that he receives a few more messages and calls, both from his boss and another boss, pressing him to make a decision. Seeing that the situation was becoming more and more intense, the employee decides to seek legal advice to direct it to steps to follow. In parallel, he manages to change the turn with one of his companions, so the design of his reconciliation for the summer remains in a change in the shift and the request of two weeks of resolving parents.
Maria Espinos and Carmen Torres from the office of a lawyer MOM – specialized on maternity and labor rights – are lawyers who advise Lydia. “She contacted us to find out if she had the right to enjoy permission to parenthood, which is currently unpaid permission. When he has two children under the age of eight, she was informed that she had the right to ask for this, since both were recognized as both – Article 48 BIS -ADVOKATS of workers.
Disciplinary dismissal
Following legal orientation, Lidia sends an official request for human resources by e -mail and reports this step on whatsApp to your boss, still in a conciliatory tone and hopes to find a solution. “Hello, finally, as part of the possibilities, I change the weekend, and I take two weeks of permission. I sent you an official request for HR by mail. BSS “. This message and this email was sent by an employee on Friday, July 4. A few hours later, on Saturday, July 5, at six in the morning, he appears at his work to start his day in the terminal pharmacy. His boss is waiting for her and gives her a letter with dismissal “for disciplinary reasons”, without compensation and claiming “low performance”, although not indicating more details.
“My reaction was amazing and fear. I felt very vulnerable and wounded, punished. I felt that I was living with a very great injustice, so much so that I did not believe that it was true, ”he recalls from this moment. He signed the dismissal, although he wrote “not satisfied.” And advised by her lawyers, she launched several hours to claim it in court. Lawyers Maria Espinos and Carmen Torres believe that the company will be ready to reach an agreement, because her client has “all reasons”. “Dismissal has no justified reason: in the letter, the reasons do not approve and do not justify him, which makes him unacceptable dismissal. In addition, in the case of people who request the right to consent, since they are protected, their unjustified dismissal will be considered empty, that is, that it should never exist, but it should not be that it should never exist.
They will do this: first they will try to reconcile, and if they do not receive it, they will be in court for the company, believing that the procedure will be allowed in their favor. “The law defends those who exercise their stupid rights with protection against dismissal, as well as authorize companies that accept repressions against employees for a request for their permits,” they explain from the mother of a lawyer. And they warn about the possible consequences that can have companies that condemn the consent measures: “Zero dismissal leads to the direct rendering of the employee, and the payment of wages has ceased to receive from the date of dismissal of fundamental law.
Related to this newspaper by e -mail and on the phone, the T4 pharmacy confirmed the receipt of the petition, but did not answer to offer her version of facts.
Lydia, who is not called Lidia, wants to publicly tell your business so that these types of situations “cease to happen.” “I tell you because it is urgent to say. Because I do not want another mother to be afraid to ask what she was behind her. My dismissal is a portrait of a labor system that punishes care and punishes those who interrupt the productive logic to put their lives in the center, ”concludes a farewell worker.