Friday, March 29

Justice again condemns the Government of Ayuso for preventing the entry of CCOO to Zendal


A court in Madrid has declared that the Government of Isabel Díaz Ayuso violated the fundamental rights of union representatives and prevention delegates of the Workers’ Commissions (CCOO) by preventing them from entering the Isabel Zendal Nursing Hospital and forcing the Executive to allow the union organization You can enter all hospital instances.

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The 12th Contentious-Administrative Court of Madrid thus considers an appeal filed by the CCOO against the order of the Madrid Health Service (SERMAS) to prevent the representatives of that union from accessing the interior of the hospital and carrying out their union functions there. The head of the court considers the resolution of the general director of Human Resources of SERMAS not in accordance with law because “it violates article 18.1 of the Constitution” and recognizes “the right of legal representatives and prevention delegates appointed by the Federation of Health and Sectors Sanitarios de CCOO de Madrid” for the performance of the functions provided for by the agreements reached at the sector table on January 29 and February 4, 2021. The ruling also recognizes the right of these people to access the interior of the complex and “to each and every one of its dependencies”. For all these reasons, it condemns the defendant Administration to be and go through “all the consequences derived from this declaration of unity of the contested act”.

The judge therefore condemns the Community of Madrid to pay the procedural costs, which are around 600 euros, in a sentence that can be appealed by the regional government for a period of 15 days.

It is not the first time that Justice rules against the Government of Ayuso for this matter. Last January, the head of Madrid’s Contentious-Administrative Court No. 17 considered that freedom of association had been violated at Zendal “by preventing access to the center and not providing the necessary means to union delegates and prevention of occupational risks to carry out the work entrusted to them”, recalls the union. In that sentence, the judge forced SERMAS to have the CCOO health federation within the hospital with its own union premises with the necessary and adequate means to carry out its functions.



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