The Social Chamber of the Superior Court of Justice of the Canary Islands has partially upheld the lawsuit filed by the Obrero Front of the Canary Islands against several tourism employers' associations, including two from Lanzarote, and two unions.
The judicial resolution has recognized the right of some of the workers temporarily incapacitated to access the extraordinary bonus for presence and productivity agreed upon by the hospitality sector in the province of Las Palmas.
Thus, he added that excluding them from this economic and punctual supplement of 650 euros is a form of discrimination for health reasons.
Part of the appeal admitted
The Court has admitted part of the appeal filed by the Obrero Front of the Canary Islands against the Tourist Federation of Lanzarote, the Insular Association of Entrepreneurs of Hotels and Apartments of the island, as well as other associations of entrepreneurs from Fuerteventura, as well as against the unions of Comisiones Obreras and FESMC-UGT Canarias
The agreement, carried out between the companies in the hospitality sector and the workers on July 2, 2025, recognized this productivity supplement, but excluded workers in the accommodation and restaurant sectors who were on temporary leave.
Despite the ruling recognizing the right of accommodation sector workers who have been on leave between April 2024 and 2025 to collect the supplement. At the same time, it rejects the second claim demanded by the union to also take into account hospitality staff in the catering sector.
The Court has stated that the illness has reinforced legal protection and that absences justified for health reasons cannot result, without sufficient objective cause, in the loss of salary incentives.
A novel communication of the ruling
According to the Court's Communication Office, this sentence expressly incorporates a section that summarizes the ruling "in clear language". The Court has thus relied on Organic Law 5/2024, on the Right to Defense, and has indicated that "given the social and professional impact" a "simple and understandable language" is used.
Furthermore, it is the first ruling issued by the Social Chamber of Las Palmas that makes explicit use of the legal power to translate the judicial ruling into common language.