"This ruling marks a before and after in the fight against abusive temporary hiring, the chaining of contracts and hiring in fraud of law, which is also being excessively used by companies in the public sphere, forming part of the precariousness of the labor market." This is how Sindicalistas de Canarias has valued the ruling issued by the Social Court Number 3 of Arrecife, which condemns the Tourist Centers and the company Activa Trabajo Canarias ETT to reinstate a worker, to pay her all the salaries from the date of her dismissal and to pay her compensation of 6,251 euros for "moral damages".
The worker, who is affiliated to this union and activist of Las Kellys, chained up to 15 temporary contracts in less than 4 months, between the beginning of May and the end of August 2017. On that date, after going to the Semac to claim her right to be indefinite in the company, she was not hired again.
Now, Sindicalistas de Canarias celebrates that Justice has given her the reason, "considering that there was a reprisal" and a "null dismissal". In addition, the ruling also concludes that there was a hiring in fraud of law, since in reality it did not respond to specific needs but to cover "structural and permanent needs" of the Tourist Centers.
In a statement, the union recalls that this worker also "had the support of the Works Council of the CACT", which had previously denounced "the abusive temporary hiring" in this public company. In fact, it emphasizes that this "was one of the points that motivated the strike" that took place in the summer of 2017.
Now, the sentence against which there is still an appeal orders the "immediate reinstatement" of this worker, noting that she may choose whether to return to Activa Trabajo Canarias as indefinite or if she joins directly the staff of the Tourist Centers as "labor personnel of indefinite nature".
