The problem lies, according to the CCOO union, which has a majority in the capital's City Council with seven of the thirteen representatives, in that the Council "has not wanted to recognize the works council" elected last year. This explains why the requested information is not being provided, in accordance with the normal operation of the regulations and as stipulated in the workers' law. Information that the Council is obliged to provide by law, as stated in the report issued by the Labor Inspectorate.
The works council acknowledges that "this is not the first time that similar events have occurred", so they say that they have been forced, on more than a dozen occasions, to report the situation to the labor authority, which on this occasion, as in all previous ones, has sided with the workers. Therefore, the union, in statements by Ramón Pérez, demands that the mayor, Enrique Pérez Parrilla, personally take charge of the payment of said sanction, considering him responsible for non-compliance with the law, instead of the Institution assuming his "incompetence and ineptitude", said the union representative. Likewise, he extends the responsibilities to the Councilor for Personnel, Luisa Blanco, for which he also requests her dismissal.
According to the resolution of the Provincial Labor Inspectorate, dated July 18, 2008, the capital's City Council did not provide the information requested by the union regarding "overtime, contracts and subcontracts, available premises and basic copies delivered to workers".
According to the report, there are also aggravating factors "taking into account the number of workers affected (more than 250), and intentionality by ignoring the previous and repeated requirements" of both the works council and the inspection, as stated in the report.
The infraction is classified in article 7.7 of Royal Legislative Decree 5/2000 of August 4, which approves the Revised Text of the Law on Infractions and Sanctions in the Social Order, and the sanction is appreciated in its average degree according to articles 39.1 and 2, when the aforementioned aggravating factors are appreciated.
