Burger King workers in Barcelona will be able to lay down their razors after Catalan authorities decided the fast food giant’s prohibition on beards, moustaches and stubble violated employees’ constitutional rights.
The regional government’s labour inspection committee also determined that rules stipulating that male workers should wear ties and female workers ribbons amounted to sexual discrimination.
The local branch of the Workers’ Commissions union said it asked authorities to step in after Burger King refused to budge on the issue.
Burger King employs 1,269 people in 46 restaurants throughout the province of Barcelona, all of whom are subject to the same internal rules.
In its ruling the labour inspectors concluded: “As a result of the inspection, it has been established that certain company practices laid out in the internal rules infringe the constitutional rights of workers, namely, the right to one’s own image and the right to equal treatment and against sexual discrimination as set out, respectively, in articles 18.1 and 14 of the Spanish constitution.”
They also noted that other “more moderate measures, which do not damage fundamental rights” could be introduced, such as the compulsory use of beard nets.
“Burger King’s internal rules – which are pretty reasonable – oblige workers to come to work in a well dressed, decent and hygienic state,” said Carles Català of the Catalan branch of the Workers’ Commissions.
“That’s as it should be. But they also oblige me to shave off my beard for food preparation reasons? I found that very odd, so we put in the hands of the labour inspectors, who have pointed out that there are already measures available.”
Although the inspectors’ rulings will only apply to those working in the Barcelona area, the union hopes to see national action.
“We want this to be applied to all Burger King workers; not just those in Barcelona, where we have union representation,” said Català. “For us, it’s an important first step and we’re very keen to try to negotiate things with the company.”
Burger King declined to comment on the matter.
