The magistrate of Barcelona’s social court no. 20 has ruled. decided in favor of an internal caregiver who became pregnant cancel to avoid losing his job and still got fired by the family in which he works. plaintiff I didn’t have a contractcharged minimum wage For a day that doubles mediocrity fixed by law and put on the street no placement three days after she reported her miscarriage. However, despite the judge’s admission of violations of fundamental rights, the victim will only receive 1,000 euros in compensation for “the plaintiff’s short seniority”, according to the sentence given by the Iberian Press group El Periódico. .
Events go back the day after making the first decision alarm status for the coronavirus. On March 15, 2020, the plaintiff began working as an internal carer for an elderly woman and a Granollers resident. Worker did not have a work permit and so the old woman’s daughter decides hire him at ‘B’. your schedule Monday to Friday, from seven in the morning to eleven at night. So 16 hours a day, 80 hours a week work. According to the sentence, the woman cleaned, brushed, ironed, cooked and took care of her because she had reduced her mobility. All for 1,000 euros per month.
The proven facts gathered in the decision show no contradiction between his employment on 15 March 2020 and his dismissal on 25 May 2021 (1 year and two months later). “I want you to know that if i had an abortion because i need a job And because I was pregnant, I knew I wouldn’t be working anymore. So I did and I just want you to apologize because I betrayed your trust.. If you leave me at work or fire me, you have the last word,” said the intern, writing to the daughter of the old woman he was looking after via Whatsapp.
The employer’s response initially tries to be conciliatory and makes the intern understand that they shouldn’t have to worry about being fired. “Don’t worry, we’ll talk on Tuesday, I don’t want anything bad with you,” she replies on WhatsApp. Three days later they are at the mother’s house, and the employer verbally tells her not to come back the next day: she is fired. Since it’s in the inner ‘B’, The family does not put the suspension in writing and does not respect the prior notice provided by law.. Now, with the recently approved reform of domestic workers’ legal conditions, the employer has to justify the dismissal in writing. And if it is not disputed, this becomes unacceptable and refers to the maximum compensation stipulated in the Workers’ Statute, which is 33 days per year worked.
Compensation and retroactive fees
The prisoner packs his belongings and goes to the law office of the CCOO of Catalonia, who counseled him throughout the process and eventually got a positive verdict from the courts. “The decision to terminate the employment relationship resulted from the plaintiff’s pregnancy. violation of fundamental rightsHe said the company decided to fire the worker because she was a woman.
The collection of WhatsApp messages and photos taken with a cell phone were key evidence in the case. The family went to court to deny the business relationship, the magistrate in charge not only ignored it but also criticized it for being a lie. “His story is completely illogical.. It’s hard for this judge to understand that at a time of total incarceration due to the covid pandemic, an 87-year-old woman with limited mobility because she uses a wheelchair while traveling is at home with a complete stranger,” collects sentence.
However, the judge, arguing that “the plaintiff has low seniority”, significantly reduces the compensation claim demanded by the worker. dir-dir asked for 40,000 euros given the trauma associated with forcibly aborting the pregnancy for fear of losing their jobs and the roof over their heads. Ultimately, however, the magistrate recognized only 1,000 euros in addition to retroactive fees. A total of 16,742 Euros is added to these.