The National Court has condemned Paradores to compensate their staff with the amount of the salary they did not receive when the hotel chain, publicly owned, was closed in confinement. Specifically, when the first state of alarm began in March and the hotels had to be closed by decree, the company reached an agreement with its workers to establish a system of distribution of production premium and return of time. But come April 12, Paradores broke the agreement and decided unilaterally to grant its staff an excusing leave to work. A measure that the unions CC.OO., UGT and CSIF considered detrimental since the employees would receive less remuneration.
Despite the fact that the workers’ representatives asked the public company to impose an ERTE – it must be remembered that the Government itself provided incentives for companies to take advantage of this mechanism in order not to lose their jobs – Paradores imposed the license excuse to work until June 24. In fact, he alleged that he did not undertake the temporary suspension of employment because, “For reasons of political opportunity”, no public company had received an ERTE.
Understanding that the workers charged less for the loss of a series of bonuses, complements and bonuses, the unions sued the company so that it paid the difference that the employees should have received. A year later, the National High Court has agreed with the unions, understanding that workers have to «be compensated for damages caused by breach of the contract up to the amounts that, due to the specific remuneration supplements that are claimed, they should have received from providing services ”.
According to the National Court’s opinion, Paradores could have resolved the situation “it could perfectly have been solved by the defendant making use of the legal remedies made available to her and that went through initiating procedures for the suspension of contracts.”
In this way, the hotel chain must pay the production premium that it paid from April 12 to June 24 “based on that received by each affected worker in March 2020.” In addition, you will pay the maintenance supplement as established in the salary tables and the nighttime bonus with a 25% surcharge of base salary for those who in that period “had to provide services between 10 pm and 6 am according to the established monthly hourly shifts.” Finally, you must pay the split shift bonus to those who from April 12 to June 24, 2020 “should have worked according to the established monthly hourly shifts.”