Ryanair continues to accumulate blows to its labor policy. The General Directorate of Labor has denied its agencies Workforce and Crewlink two requests from ERTE that sought to avoid the payment of pending wages to workers, according to the administrative resolution to which elDiario.es has had access. The agencies requested to include in employment regulation files (ERTE) due to force majeure that they applied during the pandemic to workers who had previously fired in the ERE in Spanish bases that later annulled justice.
Justice close to Ryanair in Spain with seven convictions in a year for labor abuses
Work rejects the request of the agencies of the Irish low-cost airline, as also happened with a similar practice of its parent company. In their case, Ryanair presented a specific ERTE for workers affected by the collective dismissal that the National Court annulled.
The Labor Inspectorate assessed Ryanair’s ERTE, which was appealed by the USO and Sitcpla unions, and considered that the ERTE should be denied because it was an attempt by Ryanair to save the wages it had to pay to the dismissed workers. Work revoked the ERTE, which had benefited from the administrative silence, and Ryanair appealed to the Hearing.
The magistrates agreed with the labor authority and annulled the ERTE. “It is evident the fraud of law that is perpetrated by the defendant” (Ryanair), collected the sentence. “The plaintiff going to the so-called ERTES due to force majeure derived from COVID 19 of art. 22 of RD Law 8 / 2,020 tries to avoid the payment of processing salaries,” interpreted the Hearing.
Objective: “Avoid wages”
The General Directorate of Labor now rejects the inclusion in two ERTEs due to force majeure of 18 Crewlink workers and 22 Workforce employees who were illegally fired, according to the ruling of the National Court. The labor authority refers to the arguments with which it overthrew Ryanair’s ERTE for the employees affected by the annulled collective dismissal and concludes that ERTE’s request has “no other purpose than to avoid paying the processing salaries left behind. perceived by the workers “.
Work recalls that the workers that the agencies want to include in the ERTE due to force majeure that they applied due to the coronavirus were fired before the pandemic broke out. “Without, on the other hand, this General Directorate has evidence that said employees have currently been reincorporated to the company. On the contrary, due to what was expressed in the report presented by the syndicated USO and SITCPLA and due to the fact that the process of execution of the dismissal sentence it is clear that the situation is totally the opposite “, includes the resolution.
The fight in the courts resulting from the collective dismissal continues. The USO union maintains that those hired directly by Ryanair have not yet received their processing salaries. “The airline has appealed the refusal to put them in a new ERTE with retroactive effects to the Supreme Court and this will decide, in its plenary session on September 22, if it is Ryanair or the SEPE who must pay the salaries of those months,” indicates the union.
“Ryanair wants its illegalities to be paid for with public money. Justice has already shown that the closure of the bases was not justified and, therefore, the dismissals were null. He wanted to get rid of workers with more years in the company and who were leading the protests against his work model. Now, they don’t even want to pay the processing salaries, but to take advantage of a public aid designed for companies that really had a bad time due to the pandemic ”, criticizes Lidia Arasanz, Secretary General of USO-Ryanair.
USO-Ryanair regrets “that there are no more legal tools to force a company to assume zero layoffs” and criticizes that, while the airline tries to avoid paying the processing wages of these workers who “stay on the street”, the company “continues to announce job offers for the other bases.”