HE Supreme Court (TS) condemned airline Air Nostrum pay their pilots and cabin crew on the day of their deduction for vaccination COVID-19 and the following two days taken to prevent it side effects. The judges concluded that it was a crime for them to be absent from work for at least 48 hours due to the coronavirus vaccine. prevention measure occupational hazards It should not harm the worker.
The company argued that this could be equated with reasoned absence through consultation and rest, which does not entail the obligation to pay salaries for the corresponding days. Supreme, however, came to another conclusion.
In a decision about Judge Maria Luz Garcia Paredes“The 48-hour waiting period (…) included in the measure should be the responsibility of those who have the right to protect their health, or who have to guarantee it,” rather than examining whether the provision of the vaccine will entitle the right to leave or whether the contamination of the biological agent will create a temporary disability.
The Social Department stressed that this is not a general assumption that can be identified with part of consultation and rest, as the company claims, but rather “in the prevention of occupational risks, for which the company is obliged to guarantee the safety and health of employees.” workers in the event of an epidemic”.
In parallel, the Supreme Court stressed that the global health impact of COVID-19 has been revealed. the need to prevent and control these biological risks expanding at all levels, including workplaces.
The airline rejected the appeal.
Thus, the supreme court dismissed the appeal made by Air Nostrum, Líneas Aéreas del Mediterráneo SA and upheld the court’s decision. national audience It has signed agreements with the Spanish Airline Pilots Association (SEPLA), the Airline Flight Attendants Association (Stavla), the CCOO Confederation of Trade Unions and the Professional Airline Pilots Association (UPPA). In this case, the measure affected all the pilots and cabin crew at the company’s existing bases or business centers in Spain, but not ground personnel.
As stated in the decision, after the monthly activity schedule is published, When they made an appointment to be vaccinated, Air Nostrum considered this waiting period as unpaid leave, canceling the worker’s flight day and the next two days.
In line with the European Union Aviation Safety Agency’s operational recommendations on vaccination of aircrew in a March 2021 bulletin, Air Nostrum sent these workers an email to inform them of the controversial adoption of the measure.