The Ministry of Labor and Social Economy has denied the airline Ryanair two new temporary employment regulation files (ERTE) that affected 316 workers, as “the cause of force majeure” was not found.
Following the complaint by the USO and SITCPLA unions, the General Directorate of Labor has once again denied the registration of two new ERTEs to Ryanair, affecting a total of 316 workers, for whom the company alleged “ordinary force majeure” , as the unions have pointed out in a note.
One of the ERTE affected 122 workers belonging to the work centers of Andalusia, Catalonia, the Balearic Islands, the Community of Madrid, the Valencian Community and Galicia. While the second affected 194 workers from the Canary Islands and Catalonia who, in August of this year, it was already dismissed and that, nevertheless, the airline has returned to claim.
At that time the report of the Labor Inspection was taken into account, which considered that the file was a “fraud of the law” since what the airline was looking for was “to get rid, if not of all, yes of a good part” of the payment of the salaries and social contributions of the workers of these centers that the National Court forced to readmit last April.
USO has pointed out the irregular situation in which those laid off in January of this year find themselves, since “they do not receive their salaries or flights are scheduled for them”, which is why “the ruling of the Hearing is not being complied with.”
At that time, the Social Court of the Hearing, argued that the company “did not want to address a consultation period” as required by law, which is why it also ordered “immediate payment” of the wages that those affected “They stopped receiving from the termination of the contract.”
In the denial of the two new ERTEs, the General Directorate of Labor has reflected that with the documentation provided The existence of force majeure is “not found” alleged to authorize them, because it is not proven that the affected workers have been effectively reinstated to the Ryanair workforce and it has not been proven that the activity of the company is impeded or limited by decision of the authorities.
For their part, the unions have reported to Labor the “irregular” communication that the company maintains with them, in addition to the total absence of communication with the affected workers.
The Labor Inspectorate has determined in its resolution that Ryanair pursues, with this procedure, that the SEPE (State Public Employment Service) assumes, via unemployment benefits, the payment of the processing wages that it owes to the dismissed.
He also insists that the company is forced to reinstate the 194 dismissed workers and “only when it declares that said reinstatement has taken place in accordance with the ruling, and not before, could the company submit a request for authorization of a suspensive ERTE, the temporary employment regulation procedure lacking until that moment.”
The unions denounce that Ryanair “intends to take advantage of public funds”, while announcing cash reserves amounting to 4.5 billion euros.
The USO union section at Ryanair has pointed out that a company that does not comply with the decisions of the Labor Inspectorate or Directorate, nor the resolution of the courts, “which insists on keeping illegally fired workers without their wages and that boasts of having 4,500 million euros of liquidityYou cannot receive state aid. ‘ The USO has requested “political involvement” to stop the continuing abuses and illegalities that the company “commits or intends to commit”.