A company in AbadiÃo (Bizkaia) has been ordered to compensate its staff with 50.000 euros for violating the fundamental right of workers “to their physical and moral integrity” when it reopened on April 2, 2020, one week before the paid leave established by the Government ended.
The Social Chamber of the Superior Court of Justice of the Basque Country has condemned the company after LAB and CC.OO. They presented an appeal to the previous sentence, which gave the reason to a company dedicated to the manufacture of transmission shafts for machinery in the agricultural sector, according to Efe.
When the recoverable paid leave was established, collected in the Royal Decree-Law 10/2020 On March 29, an attempt was made to ensure that employed workers who did not provide essential services to stay at home. In this way, the Government was trying to reduce mobility to curb the first wave of the pandemic.
However, the Royal Decree also included exceptions; among them, that of “working people with regard to import and export activities of all kinds of products, goods and materials, insofar as they are configured as a key to supply or compliance with international contract commitments”.
Thus, the company took advantage of this exception and communicated to the 56 workers of his workforce that they should come to his job to fulfill his commitments with international clients and he warned of a possible “client leakage”.
The High Court considers that with this conduct, the company violated “the fundamental right to physical and moral integrity of the workers affected.” LAB filed an instance claim, in which it already requested compensation, which was dismissed. When presenting the appeal, it adhered to the same CC.OO.
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