The National Court condemns Air Europa to include 675 part-time employees in the ERTE, which it excluded
The Social Chamber of the National Court has condemned Air Europa to include some 675 part-time workers in a temporary employment regulation file (ERTE) applied by the airline. The company had excluded the employees for not being in service at the time the employment hibernation instrument was executed, something that the court has now overthrown in a recent ruling, which can be appealed to the Supreme Court.
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The National Court partially upholds the lawsuit filed by the Aviation Union Actua Contra el Fraud Sindicato Independiente (AACEFSI) and declares void the decision of the Globalia company to exclude from the ERTE these cabin crew (TCP) hired part-time with concentrated day.
The magistrates declare the right of these workers "to their inclusion as affected by the aforementioned ERTE with effect from 1-4-2020 and until its validity expires," according to the ruling.
The TCPs affected by this conflict have a part-time contract for the concentrated working day, which means that the activity is provided on certain days of the year, but the contribution to the Social Security system is prorated in twelve monthly payments.
The proven facts of the judgment state that Air Europa included in the ERTE "those part-time TCPs that were providing effective services as of the date of the ERTE", in order to receive unemployment benefit. "On the other hand, those TCPs that were not performing effective work on the dates of the ERTE effects were not included," they corroborate.
The judges condemn the company "to comply with the measures to expedite the processing and payment of unemployment benefits" corresponding to the ERTE, but does not consider the request for compensation that the union was also claiming. "There is no reference to a real and certain event, loss of unemployment benefits, but that damage will constitute, in your case, a future event that, if it occurs, will have an individualized impact on each worker and will depend on any other series of circumstances not currently identifiable or collectively measurable ", contemplates the sentence, dated July 15.
However, the magistrates point out that they recognize the right of this group to be included in the ERTE, but do not pronounce on the right to unemployment benefit. "With the warning that neither is being claimed by the plaintiff union nor in this sentence the right to unemployment benefit of the TCPs included in the subjective scope of this resolution is being recognized", indicates the judicial resolution.
The ruling also acquits the SEPE, the State Administration and the works council for lacking legitimacy "to support the claims of this lawsuit."
