Discontinuous permanent workers must be included in the ERTE of a company. A judge agrees with UGT in the lawsuit against a hotel in Lloret.
A Girona judge has ruled that when a company presents a temporary employment regulation file (ERTE) it must include all permanent discontinuous workers and not only those who are registered at the time of presenting the ERTE.
The Social Court No. 2 of Girona has given the reason to UGT in the lawsuit filed against the Hotel Don Juan de Lloret de Mar (Girona) and determines that all the permanent-discontinuous workers of the hotel should have been included in the ERTE presented by the company between March 15 and May 31, 2020, also those not registered in that period.
The union has announced this Thursday this sentence that is “the first in Catalonia that recognizes the right of discontinuous permanent workers to be included in an ERTE”.
The fixed-discontinuous contract is an indefinite contract that is used to carry out work in different periods of time and the call is the procedure by which the permanent-discontinuous personnel are informed that their employment relationship with their entity is resumed after the suspension period.
From the first moment, UGT has ensured that it demanded “that the companies make the planned call of the discontinuous permanent staff to reinstate them and that they could be part of the ERTE on equal terms with the rest of the workforce, thus being able to protect themselves in the extraordinary measures ”.
When the Hotel Don Juan de Lloret presented its ERTE with effect from March 15, UGT assures that it did not include in the list those discontinuous permanent workers who had not been called yet, alleging that it only made the request for active personnel and that it was not required to include the rest of the workers.
The UGT union section at the Hotel Don Juan denounced these events “in defense of the rights of this group that, despite not being registered at that time in social security, should be included in the file and, therefore, in the collective application for unemployment benefit ”.
Now, the Social Court No. 2 of Girona agrees with UGT de Catalunya and recognizes that the periods of interruption of activity of the discontinuous fixed group do not entail the suspension or the termination of the employment relationship between these workers and the company, since They are contracts of indefinite duration.
Therefore, the sentence dictates, the discontinuous permanent workers who had not been called to return to their activity should also be part of the file.