Post by account_disabled on Mar 6, 2024 3:39:55 GMT -5
The Social Chamber of the Supreme Court has confirmed the annulment of the collective dismissal of cleaners from the Parador de Alcalá de Henares and condemns EULEN SA to the immediate reinstatement of those affected to their jobs, in addition to the payment of the salaries they left behind. to receive from the date of termination, September . The Chamber rejects the appeal filed by EULEN SA against the ruling of the Superior Court of Justice of Madrid that declared void the collective dismissal of the housekeepers of this establishment on the grounds that said company failed to comply with its obligation to subrogate personnel after being awarded to it. the external cleaning service of the inns in lot 1 (Central, South and Canary Islands). The accredited facts show that this service was performed by SAMSIC IBERIA SLU until its award by Paradores to SA in . The contract document specified that the winning company was obliged to provide the material means and human structure for the provision of the service as a block.
Comprehensive and unitary cleaning of rooms, common areas, floors, surfaces, spas and sports areas, restaurant areas, carpets, chairs, furniture, floors and offices. In addition, it was obliged to subrogate personnel. EULEN SA took charge of all the maids of lot 1 (76) except those of the Parador de Alcalá de Henares (25) on the basis that they were governed by the Australia Phone Number Accommodation Agreement of the Community of Madrid, which does not provide for the duty to template subrogation. When Eulen rejects the provision of services by the twenty-five people affected by this litigation, even without intending to do so, he is incurring a collective dismissal The Court applies its doctrine on business subrogation, which was updated to agree with that of the CJEU, which in summary states that when the incoming company assumes a significant part of the productive unit in activity mainly based on labor, subrogation occurs. labor, regardless of other factors, including the tenor of the applicable collective agreement.
Thus, it points out that the factual account of the appealed ruling explains that EULEN SA has assumed a relevant part of the staff that was previously assigned to the cleaning of the Paradores Lot configured as an economic unit susceptible to exploitation. Therefore, as happens in the case of the ruling of the Court of Justice of the European Union of July 11, 2018 (Somoza Hermo), “we must assume that the incoming employer (Eulen, in our case) assumes an essential part ( in terms of number and skills) of the personnel that the first company (Samsic) assigned to the execution of the contract.” He adds that the appellant “does not examine the identity of the transferred economic unit (the “Lot 1” of Paradores) and, understandably but erroneously, minimizes it to isolate a part of it (the cleaning of the Complutense Parador). Examined in its true scope, the situation shows a cleaning contract in which the incoming company assumes a very significant percentage of the people who had been assigned to it.
Comprehensive and unitary cleaning of rooms, common areas, floors, surfaces, spas and sports areas, restaurant areas, carpets, chairs, furniture, floors and offices. In addition, it was obliged to subrogate personnel. EULEN SA took charge of all the maids of lot 1 (76) except those of the Parador de Alcalá de Henares (25) on the basis that they were governed by the Australia Phone Number Accommodation Agreement of the Community of Madrid, which does not provide for the duty to template subrogation. When Eulen rejects the provision of services by the twenty-five people affected by this litigation, even without intending to do so, he is incurring a collective dismissal The Court applies its doctrine on business subrogation, which was updated to agree with that of the CJEU, which in summary states that when the incoming company assumes a significant part of the productive unit in activity mainly based on labor, subrogation occurs. labor, regardless of other factors, including the tenor of the applicable collective agreement.
Thus, it points out that the factual account of the appealed ruling explains that EULEN SA has assumed a relevant part of the staff that was previously assigned to the cleaning of the Paradores Lot configured as an economic unit susceptible to exploitation. Therefore, as happens in the case of the ruling of the Court of Justice of the European Union of July 11, 2018 (Somoza Hermo), “we must assume that the incoming employer (Eulen, in our case) assumes an essential part ( in terms of number and skills) of the personnel that the first company (Samsic) assigned to the execution of the contract.” He adds that the appellant “does not examine the identity of the transferred economic unit (the “Lot 1” of Paradores) and, understandably but erroneously, minimizes it to isolate a part of it (the cleaning of the Complutense Parador). Examined in its true scope, the situation shows a cleaning contract in which the incoming company assumes a very significant percentage of the people who had been assigned to it.