The Supreme Court has decided to confirm the fraudulent ERTE that the steelmaker ArcelorMittal tried to apply to more than 8,000 workers during the pandemic. The social judges confirm that the company tried to illegally use the ERTE legislation launched a year ago to try to avoid paying other workers affected by an ERTE in force for more than a decade.
The Supreme Court confirms the nullity of Ryanair’s fraudulent ERTE
The judges dismiss the company’s appeal and explain that it used the exceptional employment regulations that emerged to face the economic effects of COVID-19 “to evade compliance with the guarantees agreed with the representation of workers in the ERTE approved in June 2009 and its successive extensions, which shows fraud of the law. ”
In addition, the sentence emphasizes, the company did not comply with its information obligations during the negotiation phase. His accounts, he says, “are incomplete” and he claimed to be going through a productive crisis that “is not a consequence of the pandemic, but is already latent throughout the 2019 financial year.” For all this, says the Supreme Court, “the defective fulfillment of the information and documentation duties by the company is verified, which makes it unfeasible for the consultation period to be carried out in accordance with the requirements of good faith.”
This is a new ruling by the Supreme Court certifying the fraudulent nature of several large-scale ERTEs launched during the worst of the first wave of the pandemic. This has also been the case for Ryanair and Zener. More recently, it has approved the ERTE that Atos applied a year and a half ago to almost 400 workers due to the effects of the pandemic until October 2020.