Union members from the Canary Islands have denounced that the Art, Culture and Tourism Centers of the Cabildo of Lanzarote "resist" complying with a ruling of the Superior Court of Justice of the Canary Islands that, on October 26, 2020, sided with a worker who sued the company "for illegal transfer of workers and hiring in fraud of law. A ruling that, according to them, "is final as of today because the period prescribed by law for filing an appeal for cassation with the Supreme Court has expired."
Specifically, as stated in the ruling, the worker accumulated up to 38 temporary contracts as a waiter between May and October 2019, which were made through the temporary employment company Activa Canarias. "It is not the first time that the courts have sided with us in the face of the different lawsuits filed by the legal services of Union Members of the Canary Islands, questioning the irregular system of temporary hiring carried out by the management of the CACT," they point out.
However, Union Members of the Canary Islands states that, after the ruling, the time for voluntary admission of the worker to their job has passed, the legal period for which ended on April 14 of this year, and that "the CACTs resist complying with the ruling, demonstrating, once again, contempt for the judicial resolutions that condemn this public business entity to formalize temporary contracts in fraud of law into permanent contracts."
"We have denounced on different occasions that this fraudulent hiring method for which the CACTs have been condemned on different occasions has only managed to generate more job insecurity, suffering and insecurity in the workers who have provided their services in the CACTs through the ETT by signing 35 contracts or more, and that it has demonstrated - as the ruling clarifies - that the work activity of these workers is inherent to the company's own production needs," he adds.
For Union Members of the Canary Islands, "the limitations established by law for hiring in Public Administrations is not a valid argument to justify the violation of the law in contractual matters, which demonstrates a lack of foresight, rigor and irresponsibility in the application of hiring formulas that comply with the law."
Finally, the union points out that it does not rule out holding a protest this coming Friday in front of the Island Council of Lanzarote, "if those responsible for the CACTs do not listen to reason and comply with the ruling of the TSJC."
