The Supreme Tribunal endorses the preferable discharge
of employees in exceedance and temporary inability in an ERE for economic losses that it affected to Ferrovial, Cintra and
Freeway of the Sun. In a sentence for my unusual one, the Supreme Tribunal (TS) it has endorsed the preferable
discharge of employees in exceedance and temporary inability for illness in an ERE (file of employment regulation)
that affected before to the companies mentioned. Ferrovial, Cintra and Freeway
of the Sun. In a sentence, the High Tribunal verifies that the companies
credited economic losses and it underrates the demand of a union that he
alleged that the file was discriminatory. This sentence coincides with other
decisions from the favorable tribunals to the companies in the labor
reformation implanted at the beginning by the PP of the legislature that they
have been polemic,
The Supreme Tribunal declares therefore adjusted to
right the collective discharge in which the company and the committee that it
represents their workers agreed that they would "show preference to remain
in the company the workers in active in the company that they would prevail
regarding those that were in exceedance and in situation of temporary inability”.
The Supreme court interprets that said approach is not
discriminatory as it used the union since "part of an erroneous premise
which is to confuse the handicap with the temporary inability, and besides a
premise that has not credited which is that the hard-working surpluses are
women and that they requested the exceedance for the care of their children,
for that that the reason without more it should be underrated without necessity
of having to argue that neither the exceedance neither the temporary inability
are included in the situations of direct discrimination or insinuation that it
contemplates the article 17.1 of the Statute of the Workers."
Ferrovial, Cintra and Freeway of the Sun exploit a
part of the toll freeway that reflects for the Costa del Sol in régime of
administrative concession, it holds therefore to an administrative control on
the part of the Ministry of Development. The concessionaire dragged a situation
economic negative from 2008, derived they said prioritarily of the marked
descent of the traffic volume that circulates for the tracts of the toll
freeways that it explodes. The truth is not that but rather we are before
another unnecessary work for the civic but very profitable mobility for the
pocket of the manufacturers and investors friends all of the current régime.
This way, documentation was presented that credited
that he between 2007 and 2013 a reduction of the volume of traffic of 51% he
took place, said it can take this way to confusion, but 51% he means that a
freeway was built, there were with an asphalted road there was enough, a
freeway, where alone they used it half of the foreseen users, go calculation
error, what has borne a reduction of its volume of exploitation and sales. And
here it doesn't pass anything they steal us our taxes they say goodbye to us to
our wives to take care of their children, to the handicappers, he gives me same
temporary or permanent they are subject of having discharged.
Everything for the ambition of a government located in
Madrid that doesn't look for another thing that to be filled the pockets of
their friends and their high positions projecting unconscious works and also
loading the maintenance costs to all the Spaniards because this doesn't finish
here it is necessary to conserve it a freeway for anybody and it stops anything
today we find out this thanks to an article published in EXPANSION and that he
has filled with rage and of terror, because that will have made with the 5 radial
of Madrid all in crash with what they also force us to pay to the operating
companies as compensation to HAVE BEEN DECEIVED by god love this is
intolerable.
The Supreme court urges us to not confusing incapacity
with temporary inability to explain to us that of this interpretation of the
justice, and that the volume of revenues was reduced during 2012, 7,9%
regarding 2011, and the descending path continued during 2013 in the
environment of 10%. The company proceeded to reorganize its resources and it
implanted four new machines of automatic collection of tolls and he decided to
carry out an ERE. The union CGT
appealed this agreement for discriminatory. However, the Supreme court adheres
to the approach of the Superior Tribunal of Justice of Andalusia and of the
Fiscal Ministry and he understands that "the collective discharge doesn't
harm fundamental rights and the workers' public freedoms since the company
credits that the extinctive decision seeks protection in real objective causes
of the article 51 of the Statute of the Workers, without it has been proven
neither that there was infringement of fundamental" rights.
Rights that evidently the same TS judges before the defenselessness
more than white of those affected. And it continues insisting that he should
not made a mistake the temporary inability with the handicapped and that it has
not been credited that the hard-working surpluses were women". The
recurrent union also alleged that although the company assured that it had
suffered an important reduction of the traffic volume for the freeway, and
therefore, of revenues, the ERE
didn't have foundation, since the economic situation of the company was not of
losses. However, the Supreme court remembers that with the labor reformation
losses are not demanded but persistent decrease of its level of ordinary
revenues or sales."
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