The Court of Justice of the EU, in several judgments of 2016, has warned politicians, businessmen and unions regarding Labor Rights violated and dispossessed of salaried people by the labor laws of the Spanish state. The two violated and dispossessed rights have to do with inequality and discrimination, both at the time of hiring and in the compensation at the end of the contracts.
The first right violated by Spanish legislation comes from ancient times: the Workers' Statute of 1980 already allowed temporary hiring, provided there was a cause. The PSOE Reform of 1984 constitutes discrimination at the origin when hiring, de-causalizing the temporary contract and allowing massive business fraud: any temporary contract (work, service, production circumstances, employment promotion, etc., etc.) is legally valid for jobs that are permanent. All subsequent Labor Reforms have only deepened this illegality and injustice.
The second right violated, the payment of lower compensation to salaried people on a temporary basis, is as old as the Workers' Statute and subsequent legislation, as in the case of temporary hiring in clear fraud of law, what they have done is make DISCRIMINATION permanent and break the equality of rights of salaried people, to establish the division between workers and confront them against each other.
In the case of Canal Gestión, a company that has been granted the integral water service on the island for a period of thirty years, when the company committee becomes aware that the contracts signed by Obras y Servicios to 69 workers are going to be terminated, it files a complaint with the Provincial Labor Inspectorate, attaching a copy of the contracts, considering that they were concluded in fraud of law; and that in our opinion, these contracts should be converted into indefinite contracts as established by current labor legislation.
We argue, among other things, that this type of contract cannot be used to hire workers who have the same functions and activity as workers with indefinite contracts in the company and, on the other hand, that the work or service for which these workers were hired has not been completed, as is the case.
As a consequence of this, the Labor Inspectorate urges the company, by means of a requirement, to carry out the transformation into indefinite contracts of the work contracts that the company has carried out for Works and Services within a period of two months.
Now it is a question of recovering these labor rights: the right to be hired with permanent contracts for permanent jobs, and the right to be treated without differences when compensating for the loss of the job.
We have the Right to have Rights.
Manuel Plasencia, Member of the Canal Gestión company committee representing the General Confederation of Labor (CGT).