The Social Court Number 3 of Las Palmas has issued two new rulings condemning the security company SH Lanzarote to reinstate workers whom it dismissed after losing the contract with the Tourist Centers. The rulings, dated last February 12 and 15, conclude that the new awardee was not obliged to subrogate all the workers, contrary to what SH claimed.
The ruling adds to another issued in February, which already upheld the claim of another worker, obliging the company to reinstate him or compensate him for unfair dismissal, as well as to pay him all the salaries he has stopped receiving during this time.
Now, the Court reproduces the same arguments in these new rulings, which will predictably be followed by others, from more employees who sued after becoming unemployed.
It was in July 2020 when Prosegur was awarded the surveillance service of the Centers and subrogated 10 of the 24 workers that SH Lanzarote had assigned to this service. The affected parties sued both companies and some also sued the CACT, but the Court has already concluded in three rulings that the sole responsibility for them lay with SH.
In this regard, it emphasizes that there was no obligation of subrogation, given that the conditions of the contract were not the same. Specifically, after the tender resolved last summer, “there was a change in the modality of the provision of the surveillance service, by combining the traditional surveillance system with another of flexible rounds carried out by mobile patrols, a central alarm receiving and camera control station, which has led to a decrease in the hours contracted for face-to-face surveillance service.”
The ruling thus concludes that “Prosegur maintained a number of workers proportional to the final reduction of hours and therefore the responsibility for maintaining employment must fall on SH Lanzarote”, which it again condemns to reinstate or compensate two other workers.
