The Supreme Court confirms that the Paradores staff was entitled to supplements during the closure of the state of alarm

The Supreme Court has established in a judgment that the staff of the public company inns had the right to collect supplements during the closure of the hostels in the first state of alarm of 2020. The social judges confirm what the National High Court already said after the first lawsuit by the unions and recall that the company did not suspend its contracts with an ERTE and did not want to pay supplements for night shifts, split shifts or the production bonus.

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Paradores, a public company dependent on the Ministry of Industry, Commerce and Tourism, closed its establishments on April 12, 2020 in the first weeks of the pandemic and with a state of alarm that limited essential economic activities. The company, from that day until June 24 of that year, granted the workforce paid leave and the unions filed a lawsuit, understanding that this had meant a loss of pay for the workers by stopping receiving certain supplements and bonuses.

Now it is the Supreme Court that confirms that they did have the right, for example, to continue charging supplements for night shifts or split shifts, among others. “Since, voluntarily and expressly, Paradores chose not to activate the suspensive mechanism of labor relations, it is undeniable that it cannot claim the application of the consequences inherent to the causes that allow it to be put into play”. In other words, Paradores did not opt ​​for an ERTE that temporarily suspended their contracts and that keeps the right to supplements intact.

The judges of the fourth chamber explain it: “It is not that the force majeure that prevented the opening of the hotel establishments is attributable to the company, but that by ruling out subsuming it in the ERTE channel it does not deactivate, nor mitigates, their duty to pay according to the agreement.

Estimating the resources of Paradores so as not to pay these supplements to the workforce, says the Supreme Court, would lead to the "unacceptable result" that the company that does not suspend the contracts despite the existence of a justifiable cause "is exempt from paying certain supplements due to the fact that there is no effective provision of services”.

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