The National Court has dismissed the appeal filed by Ryanair against the resolution of the General Directorate of Labor that revoked the ERTE due to force majeure that included the reinstated workers of the ERE in the Canary Islands and Girona, according to the announcement of the Trade Union Organization (USO).
The ruling of the Social Chamber of the National Court determines that "Ryanair acted fraudulently to avoid paying processing salaries to which it was sentenced," by annulling the ERE applied by the airline to the workers of the bases of Tenerife, Lanzarote, Gran Canaria and Girona.
In this regard, USO recalls that, in the ruling of the ERE in Ryanair, the collective dismissal was declared null and void and forced the company to reinstate the workers immediately "in the effective work of their company, under the same working conditions in which they were performing their services before the collective dismissal and with immediate payment of the salaries not received since the termination of the contract."
Last May, after learning of the nullity of the applied ERE, Ryanair submitted a request for authorization to include a total of 206 workers in the ERTE due to force majeure, of which 12 were not included in the ERE and not in the ERTE previously requested by Ryanair, with effect from March 15, 2020, with the request being accepted by administrative silence.
After that, USO states that despite the fact that there was an express notification from Trabajo made to Ryanair in May, in which the positive silence was confirmed, the company hid it from the unions.
For their part, the TCP unions in Ryanair, USO and Sitcpla filed an appeal against the administration's acceptance by positive silence, which was upheld by the Ministry of Labor on August 10. Having upheld this appeal, Trabajo annulled the Ryanair ERTE for the dismissed reinstated workers of the Canary Islands and Girona "for fraud", as the airline intended for the SEPE to pay the benefits derived from the null ERE ruling.
Now, the National Court confirms the resolution of Trabajo and declares the nullity of the ERTE that affected the workers affected by the ERE in the Canary Islands and Girona and other workers that it "forgot" to include in the previous ERTE. In this way, the unions are once again proven right.
