Saturday, May 28

The Supreme Court acquits La Moncloa of the labor dispute with the cafeteria workers


The Supreme Court acquits the Ministry of the Presidency of the labor dispute that had been open for two years in the La Moncloa cafeteria. The Social Chamber has revoked a ruling from the Superior Court of Justice of Madrid that forced the Executive department to readmit some thirty workers from the restoration service of the Presidency’s headquarters who were fired for non-payment of their company. The magistrates of the Madrid court declared the dismissal void and condemned the Ministry of the Presidency to pay the salaries that they stopped receiving since the dismissal and to authorize their return to their job. After this ruling, the employment relationship that the employees had with the administration has ended, they confirm from the department managed by Carmen Calvo.

About thirty waiters from Moncloa, on the street after failing the search for a company to take over the service

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In a ruling issued on May 24, the High Court has upheld the appeal filed by the Ministry and has partially revoked the ruling of the TSJM, rejecting the responsibility that the magistrates of the Madrid court had awarded to the Presidency. The plenary session of the Social Chamber has condemned the company that had the employees on its payroll, Dulcinea Nutrición SL – which is currently in bankruptcy – to assume “the legal consequences inherent to the classification of nullity of the collective dismissal.” The contested ruling was issued a year ago. In it, the magistrates determined that the Ministry had to subrogate “the labor relations of the workers who provided services in the activity on their assigned day.”

This argument has been dismantled by the Supreme Court magistrates, who have stated that the Supreme Court ruling “starts from an erroneous premise.” “The suspension of the service due to the closure of the company Dulcinea Nutrición SL, does not imply the definitive closure of the services since, having tendered the services, the tender was deserted, temporarily hiring a catering service for part of the service,” they point out.

Sources from the department led by Vice President Calvo confirm that the Supreme Court ruling “ends the employment relationship.” “We want the new contract that takes over the service to incorporate them and return to their jobs,” they add. One of the employees consulted by elDiario.es assures that the failure was communicated to her this Monday. “We have been working until yesterday [por este lunes], who summoned us to sign and take our passes. They told us that today [este martes] we did not come “, he points out. And he adds:” We do not know how they are going to communicate the dismissal to us because we become dependent on a company that is in bankruptcy “.

The Presidency awarded this contract in July 2017 to the company Dulcinea Nutrición for an amount of 1.9 million euros. Two and a half years later, on December 10, 2019, the Ministry issued a resolution by which it terminated the contract with this company for its debts with Social Security and proceeded to close the facilities where these services were provided, in a manner that on December 11 the workers could not access their jobs, as reported by elDiario.es.

Only five days after terminating the contract with Dulcinea Nutrición, the Presidency put out to tender another to provide catering service in the La Moncloa complex for an estimated value of almost 35,000 euros, awarding said contract to the Nazábal Restauración group, which was only responsible for carrying the menus, made outside the facilities of La Moncloa, employing three workers.

“For this reason, between the outgoing awardee (Dulcinea Nutrición SL) and the incoming awardee (Grupo Nazábal Restauración SL) there was no succession. Clearly there was no reversal or succession of the outgoing (Dulcinea Nutrición SL) to the Ministry of the Presidency, therefore, According to the doctrine set forth, neither the Ministry nor the new entrant (Grupo Nazábal Restauración SL) can have any obligation or responsibility in relation to the workers of the outgoing, “says the Supreme Court.

Therefore, the magistrates conclude that “the responsibility must fall exclusively on the company Dulcinea Nutrición SL, which did not process any collective dismissal procedure.” The Social Chamber maintains that the nullity of the collective dismissal is “not disputed”, but it defends that the Dulcinea company is in charge of “reinstating the affected workers with payment of the wages they have ceased to receive from the date of dismissal until the readmission to take place “.

The case was opened after a dismissal challenge filed by CCOO against the decision of the Ministry to end, on December 11, 2019, the contract that had been awarded to the company Dulcinea Nutrición for the provision of the restaurant and bar service -cafeteria in self-service dining room and cafeterias of the Ministry of the Presidency and care and cleaning of said dependencies and offices in the complex of La Moncloa, where the headquarters of the Presidency of the Government and the Ministry of the same name are located.



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