The precariousness of working conditions in the tourism sector is a matter of great concern on the island. Groups and unions have been denouncing how the staff hired by hotels are being reduced to pass into the hands of temporary employment agencies and subcontractors. They denounce that this entails cuts, either with salary cuts or cuts in social rights; when not with both. Comisiones Obreras is one of the unions that has been fighting against these practices. Since 2015 it has filed more than 40 complaints in this regard with the Labor Inspectorate and has also taken some cases to court. Just a few weeks ago, the courts ruled in their favor in a case of subcontracted chambermaids.
This same week, the union denounced another case, that of the Sol Lanzarote hotel, belonging to the Melià chain, where they denounce that there has been an "inadmissible" decrease in the number of workers hired by the hotel, to pass into the hands of temporary employment agencies. As a result of that complaint, La Voz de Lanzarote wanted to know the general situation of hotel workers on the island and has addressed these and other issues, such as the irruption of the Las Kellys group, with the coordinator of the Federation of Services of CC.OO. in Lanzarote, Vanesa Frahíja.
- Comisiones Obreras has recently denounced the increase in hiring with temporary employment agencies at the Sol Meliá Lanzarote hotel, recently the courts ruled in their favor in a similar case for the outsourcing of the housekeeping department... Are there more cases? Do you have the total quantified?
We have many more. We are investigating the issue, because it is true that to take legal action we have to have all the documentary and testimonial evidence, we are working on them, but I can already say that before the Labor Authority, between last year and this year, we are at forty-something complaints. There are between 42 and 43 complaints approximately in which the non-application of the Hotel Agreement signed by all parties has been brought to their attention.
The union started this campaign of denunciation before the courts and all the judicial part that corresponds to us years ago. This is not new and we are surprised how, especially at the Canary Islands level, with the boom that tourism is experiencing - for example, the Sol Lanzarote has an average occupancy rate of 80%, even published by the Melià chain, in the first quarter of this year they have had a 3% increase in profits. We are talking about a lot of money, but the boom, the occupancy is not reflected in the jobs or in the quality. On the contrary, job insecurity for workers.
-Is it then a practice that is increasing?
Our union representatives are increasingly informing us of the reduction of staff hired directly by the hotel and the scandalous increase in temporary employment agencies and subcontractors. It must be taken into account that according to article 1 of the hotel agreement, temporary employment agencies and subcontractors can indeed work, but for specific issues: occupancy, covering sick leave, common areas... But companies are using it as a method to make more profit, hiring from January to December by that method.
-Which other hotel chains are affected?
It is not just the Sol, this has happened at the Hesperia with Bercuma S.L., which was just published that we have won the case. The Barceló chain, for example, we know that it does not comply. And in that the union is also taking legal action for the benefit of the workers.
In the two hotels that Barceló has in Lanzarote, Hotel Barceló and Barceló Resort, which is La Galea, on Jablillo Avenue, they also have workers hired with an external company, Alterna BPO, based in Seville.
-When we talk about this type of cases, we usually talk about the housekeeping department, but for example in the case of the Sol they talk about a decrease in the staff in general. What type of departments does this usually affect?
For now we have detected it in the housekeeping department, bars, restaurants and maintenance in some cases. That is to say, we are not only talking about colleagues from the housekeeping department, but also in bars and restaurants where it is more common. And I say that we are not talking about something specific, but very generic on the island of Lanzarote. We are detecting more and more with the help of union representatives.
The agreement clearly states that 60% of the staff must be permanent, but of course, they comply because they do not count as hotel staff all those workers hired by temporary employment agencies, subcontractors and external companies. If they added them up, they would certainly not comply with 60% and would violate the agreement.
-Do you have any estimate of the percentage of workers that are being subcontracted?
A study has been carried out at the Sol Lanzarote hotel where in 2014, 2015 and so far in 2016 it can be seen how the staff of temporary employment agencies and subcontractors has been increasing [according to the president of the Works Committee of that hotel, Francisco Martínez, to La Voz, from 7 workers in that situation in 2014 it has gone to 30 this year, for a total of workers that is around 110].
-And have you carried out any generic study, in addition to the one that affects this hotel in particular?
It is in process. Keep in mind that there are many union representatives, each center has a different temporary employment agency or subcontractor, it is not applied to a single company in all hotels. It is true that not all, but most of them do not comply with the agreement. So we are doing a study but it has not been finalized.
-We are talking about hotels, but does this situation affect other types of areas within the tourism sector?
The colleagues of the Federation of Services to the Citizen also denounce that many services related to the Administration are being outsourced, many. The objective, the same, is to save costs.
Then, for example, in the commerce sector it is true that we have not detected any notable increase in this type of hiring. We are finding it day by day in the hotel industry, but in other sectors the hiring with companies is maintained. There will always be some specific case, of course, but so far the union has not received any complaint from any union representative that this formula is being established.
-In the case of hotels, is this formula concentrated in any category of establishment or in a specific area of the island, or is it the opposite, is it general?
It is something very general. When we started the campaign we did detect it a lot in the south of the island, in Playa Blanca, but it has spread. Puerto del Carmen is practically the same and Costa Teguise as well. It is already a common practice at the island level and nothing specific by municipality. And by departments, where it is most common is in the housekeeping department and it is increasing very significantly in bars and restaurants.
-You mentioned that you have filed more than 40 complaints with the Labor Authority, what is usually the reaction of companies to these union complaints, do they back down?
They try to demonstrate that it is not so, that the agreement is complied with and the workers are paid the same. Some do not attend to us, they do not want to receive us. Others put all possible obstacles, others we ask for information... Some, very few, it is true that each time, with the commitment and collective bargaining through the representatives of the workers, there has been a commitment that some have complied with to gradually reduce. We have even detected the disappearance in some important companies, making the exclusive hiring by the hotel. We have a bit of everything, but most continue with this type of hiring.
-When a department is outsourced or hired through a temporary employment agency, are there companies that do comply with the collective agreement and make the contracts based on it?
We are still working on a study and it is true that some have been interested in distancing themselves from companies that do not comply and apply the agreement. But it is something very specific, most do not do it, neither in the social nor in the economic part. Many companies come out to the media to say that they are paid the same. No. They are not paid the same. It must be taken into account that the contracts are daily, weekly or monthly, they do not have the same stability. They are junk and precarious contracts.
In addition to the fact that their monthly payrolls include days off and holidays and other salary concepts that increase the payroll visibly as a hotel worker, but when the truth comes out they do not have 48 days of vacation, the holidays are included in the payroll when they have to be enjoyed according to the Agreement and there are other salary concepts that do not even appear.
-Has the irruption of the Las Kellys group in Lanzarote, the association of chambermaids, influenced in any way the work carried out by the unions? Are they in a way doing a job that the unions should be doing?
It will have influenced in addition to the rights of the workers. Moreover, many members of Las Kellys in Lanzarote are members of the CC.OO. committee, the colleague Miriam Barros for example. We add up. We commit and collaborate in everything they ask us. It is about joining forces to defend the workers, chambermaids, bars, restaurants, receptionists and all categories.
We are joining. CC.OO. in this case in the mobilization they had in the Barceló La Galea we were representatives of the union, in another hotel in the south on the 6th there were union representatives, another that they called for another hotel in the south that was finally cancelled also, not only Las Kellys but other union organizations have asked us for collaboration and we have been there. Of course, in mobilizations CC.OO. has always been there when it has been necessary. In any case, Las Kellys is an association that we support because in everything that is in defense of the workers we will be there, as the committed society that we must be.
-A last question about the practices that are carried out in hotels, if this is done even in times of prosperity, when there are good occupancy figures and in theory they are making money, from CC.OO., how do you think it can be fought against?
With collective bargaining we have always tried to find solutions to the daily life of the workers. We are very limited when it comes to negotiating with companies because they understand that they can effectively hire this type of companies. What we intend to bring to the attention of the labor authority or take it to the courts is because we have seen that it is a very common practice, not something specific; where before it was hired in summer, in high occupancies or substitutions, we see that it is common and throughout the year.
So we understand that we have to continue. If the same hotel agreement were applied, we would have no choice but to understand that the agreement protects them in terms of the type of hiring, but that is not the case right now. And we have to act, as representatives of the workers. That is what we are here for, to attend to the rights of the workers, through direct negotiation with the company. And if it is impossible, the union has to guarantee, and it does so with the legal services, to denounce with all the legal weapons we have to combat this type of hiring and the non-application of the agreement.
