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What the legal literacy course taught me (Школьные сочинения)
I finished my studies and work as an international consultant. I help other companies by providing solutions regarding the internationalization field so that they are successful. I moved and now I live in Spain. I have been working in a consultancy in Madrid for 2 years. This consultancy has grown and is building a new building in a nearby city for different departments. They have already finished the plant for the international consulting department, and a month ago they sent me there to work, I currently work in this plant.
ut on the top floor of the building, they are still building the finance department, and the works are very noisy. The works will last at least 5 more months and it is very difficult to work in these circumstances.
The noise is very annoying, I cannot concentrate on my work and I come home with an earache and hearing problems, causing health and safety risks at work, and noise pollution problems. In addition, with a sound level meter, I have verified that the noise levels are extremely higher than usual.
Because of this, the company is violating Spanish labour law, specifically labour legislation regarding noisy environments. These laws are mainly imposed by the "Spanish Constitution" and the "Workers Statute", and also in Law, 31/1995 on the Prevention of Occupational Risks, compliance with article 40. 2 of the Spanish Constitution is explained, a pillar law that requires to “develop a policy for the protection of workers health by preventing the risks derived from their work" by which the company would be obliged to act to correct the risks and damages caused. In order to act and defend my rights, it is important to demonstrate the damages generated and the exact laws that make them evident, resorting to the noisy environment regulations. In Law 37/2003 on Noise, protection against noise pollution is specifically reinforced through article 45 of the Constitution, which says that “everyone has the right to enjoy an environment suitable for the development of the person, as well as as the duty to conserve it”. Nor is
oyal Decree 286/2006 respected, of March 10, on the protection of the health and safety of workers against the risks related to exposure to noise. Article 4 of this decree dictates that the risks derived from exposure to noise must be eliminated or reduced to the lowest possible level, following technical advances. And then, in article 5, the limit values for noise exposure are shown, that is, the maximum number of decibels allowed. The sound pressure level and the forms and measuring instruments (sound level meters) will be made following annexes I, II and III, respectively.
The hierarchical action plan using the previous arguments would be:
1. Gather and organize in detail all the necessary data, demonstrating the labour laws that are being infringed, using the measures and parameters set out in the annexes of
oyal Decree 286/2006.
2. Create a formal document with the previous data, and present the complaint to the head of the consultancy. Asking for a solution for my situation, either by moving to another place where the security conditions are respected or by reducing the noise level in some way, respecting article 4 of the
oyal Decree and 45 of the Constitution, since I do not have a suitable environment.
3. In case the head does not present changes and the unfavourable situation persists, I will make a complaint to the Labor Inspection, in which an explanation of the facts of the problem and constitutional laws that are not respected, highlighting the Law 31/1995. as a basis together with derived laws and other articles, such as article 45.
4. If the Inspection does not act either, I will go to the court of the first instance, then to the court of appeal, and then to the court of cassation; in this order every time one does not dictate in my favour.
5. If it does not work either, I will file a lawsuit in the Supreme Court of Justice, as the last action.
Внимание! Спасибо за внимание.
Спасибо за внимание.