La Leche, S. A. - Horas Extraordinarias

Mr. Macario Travieso works in the company “La Leche S.A.” whose activity is the milk distribution. His job consists in to be in reception from 8:00 am to 15:00 pm from monday to friday. He is doing this job for the last 5 years and 2 months.

Last thursday Mr. Travieso received a note from management telling him that during the morning, at 13:00 pm, an order of 35.000 milk litres was arriving, and he had to receive it. Before the announced hour the company who was bringing it called to La Leche explaining there was going to be a delay because there had been an accident and a route change had to be done. Therefore Mr. Travieso was informed about it, and called for waiting it.

Mr. Travieso received at 14.58 pm the first truck, but when the two following tracks were coming at 15.10 pm and 15.15 pm he did not receive the wares justifying that his daily journey had finished, although his chief had told him to wait and receive the order because a very important client who was a known supermarket was waiting for the 35.000 milk litres that evening, and also told him he could complain to HHRR about it, but his obligation was to remain and receive the order.

Although all this circumstances, the employee did not obey and left to his home because it was later than 15:00 pm.

His head finally received the order that finished at 15.45 pm.

From these facts, resonate the following questions.

  • ¿Is Mr. Travieso in his right to leave the job because his daily journey has finished, denying to receive the order?
  • ¿Do you have any legal idea how to prevent this kind of situations?
  • ¿Do you believe the company can adopt measures with or against Mr. Travieso for denying to receive the order? Which kind of measures?