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TSJC prohibits Riu from financially compensating for reduced 12-hour breaks

The Superior Court of Justice of the Canary Islands rules that the hotel chain cannot pay its employees for failing to meet the minimum rest period between shifts.

Generic image of a legal document and a judge's gavel.
IA

Generic image of a legal document and a judge's gavel.

The Superior Court of Justice of the Canary Islands (TSJC) has dismissed the appeal of the hotel chain Riu, confirming that employees cannot be financially compensated for the reduction of the minimum 12-hour rest period between work shifts.

The Social Chamber of the TSJC, in a ruling dated March 12, has rejected the company's claim to compensate employees of its hotels in the Canary Islands with money for not being able to enjoy the mandatory 12-hour rest between shifts.
The judicial decision dismisses the appeal filed by Riu against a previous ruling by court number 7 of Las Palmas de Gran Canaria, dated June 2024. The company had agreed with union representatives that the minimum rest period could be 10 hours, with the remaining hours to be compensated with alternative rest later or, failing that, with a monthly amount in the payslip under the designation “12-hour break”.
However, both the court of first instance and the TSJC have declared this agreement null and void. The magistrates argue that, according to applicable regulations, the reduction of rest between shifts can never be compensated financially.
This compensation contravenes the September 1995 decree on special working hours and the current collective bargaining agreement for the hospitality sector in the province of Las Palmas. The ruling recalls that the enjoyment of compensatory rest periods "cannot be substituted by economic compensation, except in cases of termination of the employment relationship for reasons other than those arising from the duration of the contract."

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