Justice has ruled in favor of a chef from the Zarzuela and against National Heritage. The worker, who is assigned to the Royal Household although his payroll is charged to this government department, went to court after the manager of the Board of Directors of this institution denied him the recognition of three years – a remuneration supplement – and seniority for the more than 10 years that he had worked as a military man before joining the Royal Household staff, as well as the 15 years that he has been serving as temporary personnel in the service of the Bourbon family.
National Heritage pays through a company the maintenance of three pools of the Royal House
The sentence, issued on April 8 and which is final, considers that the denial of National Heritage is “contrary to the law.” However, it does not grant the plaintiff the right to collect the remuneration that has accrued to him for more than 20 years. According to the magistrates, the Zarzuela worker will receive the benefit with retroactive effects, but they will only take into account the four years prior to the date on which the recognition of their seniority began: November 2014.
In November 2018, he presented the first request, which was rejected by the public administration. The plaintiff’s defense estimated in the lawsuit that National Heritage should recognize the plaintiff “an antiquity of 25 years and 165 days, 10 months and 10 days, which means the recognition of 8 triennia and a debt of 13,185.41 euros, plus the applicable legal interests “.
Before the appeal presented, National Heritage requested the dismissal, alleging that the resolution that denied the plaintiff’s claims “was in accordance with the law at all times.” Likewise, it claimed that “in no case may the appellant be recognized for three-year seniority” during the years in which he was not part of its staff since there was no “connection whatsoever between his previous administrative situation (professional military) and his job as temporary staff (cook) “.
For the magistrates, the arguments of the public administration “are not acceptable.” As stated, National Heritage has defended in this procedure that “the eventual nature of the relationship that united” with the plaintiff “and the fact of not having acquired the same fixity in the public employment system as a career civil servant” served to deny him triennial recognition.
Against this allegation, the judges defend that both the Framework Agreement on fixed-term work and a judgment of the Court of Justice of the European Union do not support this thesis. They argue that the complainant “is subject to the principle of non-discrimination” of the aforementioned agreement, which stipulates: “The budget for applying the principle of non-discrimination is that temporary staff and career officials are in a comparable situation.”
Going further along the same lines, the magistrates maintain that during the time in which he made the extension of the ‘military’ and in which he was already working as a professional military man, they must be computed “for the purposes of triennia.” “Not being acceptable the argument of the administration consisting in that, having not acquired the status of ‘career civil servant’, such services cannot be computed, since such a solution, as we have stated, would entail an obvious discrimination,” the sentence states.
The magistrates do not make an assessment of the amount to be awarded National Heritage to the plaintiff, after estimating his appeal. They establish that the amount that corresponds to the professional who works in the kitchens of Zarzuela “must be fixed, in case of discrepancy in this regard, in execution of the sentence.”
This worker is one of the professionals who work for the Royal Household but his salary does not affect the accounts of the Royal Family. elDiario.es has published that various institutions – ministries of the Presidency, Finance, Defense or Interior – bear a good part of the costs of the personnel who are at the service of the monarchy. The Ministry of the Presidency faces the salaries of 146 workers who carry out their work in Zarzuela. In total, this department has allocated 2.5 million euros to pay these payrolls throughout 2020. For its part, National Heritage has spent at least 776,314 euros to pay the salaries of several dozen employees who provide their service also in the dependencies of the Crown.