The (TSJM) has lying part of the collective agreement signed in December the Community of Madrid for its own workers and that is valid until 2028. In a sentence known Monday, the Social Chamber guarantees the lawsuit filed by CC OO Madrid to reject the agreement. According to the Court, it contains an “exorbitant restriction” and violates fundamental rights such as freedom of association, collective bargaining and effective judicial protection because, among other issues, the agreement economically penalized the unions that resort to the courts to challenge it. The regional government has five days to present a appeal. They are currently studying it.
From the Ministry of Labor they celebrate the judicial ruling and remember that they the illegality of the agreement. Sources of the portfolio of the Second Vice President, Yolanda Díaz, defend that with the current sentence it is clear that the Community of Madrid has violated up to eight fundamental rights. They are the right to freedom of association, to the strike, to the effective judicial protection, to the freedom of meeting and of manifestation, to the collective expression, to the collective bargaining, to equality and non -discrimination, and the protection against reprisals of making use of any of the previous rights.
“The restriction that the norm is intended is clearly exorbitant, since the demonstration, informative campaigns or any other form of collective expression, does not produce any direct damage to the company and therefore the prohibition of the fundamental rights reviewed lacks the proportionality requirements,” the sentence includes.
In addition to violating the right to strike, justice has determined that one of its articles is discriminatory by making a separation between fixed and temporary workers. Another of the points that justice has lying is one in which it was established that administration workers would not be paid during the time the paternity permit lasts. “We are faced with a conciliation right that […] It has a constitutional dimension, ”he collects the sentence.
From the Community of Madrid they believe that it is not necessary to write a new agreement because, according to a spokesman for the Ministry of Economy, the sentence itself introduces the possibility of adjusting the current content to the right with some variations. “In no case tomba an agreement that we sign with majority unions and that includes the professional career, which improves working conditions and stability of 40,000 public workers,” adds the same spokesman.
The conflict has a strong internal load, because it faced federal and regional CC OO structures. The Federation of Services to the citizenship of Madrid of that same union signed the agreement with the Community of Madrid without the endorsement of the regional council of that same organization, nor of the Territorial Federations of Health and Teaching, both affected by the Agreement. From the Madrid direction they claim to have taken measures against the person who signed it, suspended from militancy.
The union resolution admits that it is “paradoxical” that different structures of the same union litigate with each other, but underlines that any agreement that is “harmful to third parties necessarily has to be able to be controlled by the judicial bodies.” The TSJM rules out that the signing of the agreement for a trade union federation annuls the ability of another to challenge it for legality, especially when essential rights are at stake.
