El derecho a una retribución suplementaria por las horas extraordinariasotro juicio de convencionalidad debido, pero olvidado

Résumé

The normative regulation and the application practice of overtime have presented notable anomalies and legal flaws in Spain for years. On the one hand, Spain mandates an annual legal limit of overtime hours well below the European average, however, the «voluntary» overtime performed is much higher than the European average. On the other hand, the great majority of community countries establish, by law, a remuneration supplement for overtime hours, but the Spanish norm does not require this supplement, which it leaves in the hands of collective autonomy. However, both art. 4.2 of the European Social Charter and the ILO Conventions on working hours require that overtime hours be remunerated with a minimum of 25 percent higher than the remuneration for ordinary hours. The study sets out the reasons why the Spanish courts should carry out a conventionality control under art. 96 CE to art. 35.1 ET, insofar as the European Committee of Social Rights resolves the collective claim submitted to this effect by the UGT against Spain.