Galician Supreme Court of Justice (TSJG) handed out the first sentence denouncing a company subcontractor to apply collective agreement Outside of the main activity. This is one of the innovations brought by the labor reform, which obliges subcontractors to apply to the sector and specializations determined by the contractor, instead of resorting to worse contracts to reduce costs.
The rule agreed upon between the government, employers and trade unions did not abolish the foundations of subcontracting in Spain, contrary to what sometimes arises in the early stages of negotiation. And he initially flew into the idea that subcontractors had to apply the same salary requirements as those of the subcontractor to avoid any gaps a company might open. outsourced part of its activity to save costs.
In the end, this scenario did not materialize, but the changes introduced minimized some of the loopholes a company could use to obtain a contract by lowering prices, paying worse wages and conditions. It is now obligatory to implement the sector collective agreement in which the subcontractor operates.whatever its corporate purpose or legal form“, according to a recent sentence from TSJG.
The facts on trial refer to a sentence published last April 14. According to the blog of the UOC’s vice dean of teaching, the pioneer, Ignasi Beltran, in the implementation of the new article 42.6 of the Labor Law. The source of the dispute comes from a worker providing the service. improvisation meter reading in Ourense. Had it done in a subcontractor firm, Teyca-Ga SL Stops providing service for Naturgy and service continues Ichisa SA, who came with his own team and refused to make changes to the roster. What leaves the plaintiff worker on the street?
The dismissed person stands before the courts and argues that the dismissal is unacceptable because the regional collective agreement of Ourense’s side metal provides for the obligation of succession. During icisa You understand that you can apply your own contract, the contract of engineering and technical work offices, which does not provide for this obligation.
Here the Galician TSJ comes in and examines which agreement is most suitable for the activity carried out by the worker, according to the criteria of the court of first instance, and determines that the one applied is the side metal of the side metal. Ours. It has been concluded that the relevant factor is not the previous structure or preference of the subcontractor, but the activity of the employee. Finally, the worker was deemed inadmissible for dismissal and a compensation5,273.2 Euros by Icisa.