The Social Chamber of the Superior Court of Justice of the Canary Islands has ruled in favor of an employee of the Mexican cleaning joint venture FCC in the south of Gran Canaria who fired a laborer just after the 2019 local elections to place the entry in torrent of other workers who replaced others when it was not logical and contravened the collective agreement of the UTE. The company considered that this system is reserved for permanent vacant positions, while temporary vacancies were covered by the procedure provided for in article 9 of the agreement. The sentence goes to say that you cannot be playing in this way with the people's bread and that the agreements that are signed must be fulfilled.
In August 2019, the laborer requested that his right to be hired preferably be declared to replace one of the workers whose position was vacant in August 2019 and in the event that there were new vacant positions in his professional category (laborer). In the aforementioned ruling, to which Maspalomas24H has had access, it is noted that the plaintiff had preference because he provided services for the cleaning service during the Urbaser era in 2018. In 2020, the year of Covid 19, the employees who were fired They mobilized but could barely resist the onslaught of a local administration that left the final decision in the hands of Tito Herrera, councilor for the matter in Tirajana. Then they denounced that "the unemployed workers, in a period of two months, have an immaculate record, with a high rate of commitment, involvement and productivity regarding their daily tasks; a file that is in the hands of the company, where said evaluation has been collected, daily, by our managers". Almost 4 years later the court ruled in Las Palmas because the Tirajana appealed the same sentence.
And after the 2019 municipal elections, the company since August of that year hired 6 workers to replace temporary workers, signing for this purpose the appropriate interim employment contract in the months of August, November and December. The Ruling of the Sentence, of summer of 2023, of instance literally says that it declares "the right of the worker in the event of there being new vacant positions in his professional category of laborer for the company to proceed in accordance with the procedure provided for in article 4 of Annex 4 of the Collective Agreement signed between the UTE San Bartolomé, concessionaire of the public services of cleaning beaches and promenades, waste collection and other similar services in the municipality of San Bartolomé de Tirajana and collection of domestic waste, street cleaning and others. analogues of the City Council of San Bartolomé de Tirajana and its workers".
From this, it is remembered that hiring should not be opaque and that the calls for positions to be filled must have advertising of the positions to be filled on the board, submission of applications within a period of five days, selection by the court qualifier according to the criteria established in article 4 of the internal hiring regulations (sufficient qualification, having performed some function within the company in previous hirings, having family responsibilities or responsibilities, being registered in the employment offices and the length of time of said registration) .
