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A company in San Pedro del Pinatar, sentenced to compensate UGT for serious violation of fundamental rights (17/01/2020)

The Social Court No. 3 of Cartagena has ruled in favor of UGT-FICA, following the proven facts of persecution, insults and violation of workers' rights in the process of union elections in the company.

The company will have to compensate the union with 25,000 euros for impairment of its honor, in addition to undergoing the proceedings of the Labor and Social Security Inspectorate.

The ruling also forces the company to publish the court's ruling in two regional newspapers.

The Social Court No. 3 of Cartagena has issued a judgment, dated December 30, 2019, in which it rules in favor of the UGT Federation of Industry, Construction and Agro in the Region of Murcia (UGT-FICA) and against a company of San Pedro del Pinatar, which has a workforce of between 40 and 60 workers.

This judgment estimates the demand of UGT-FICA, by declaring the insults, union persecution and the pressures submitted to a worker and to the union, during the process of union elections, which began in the month of May 2019. The lawsuit was filed by the Legal Service of the UGT Region of Murcia.

The Court has ruled that the company acted illegally by pressing the workers of the company so that they did not appear at the union elections, as well as the insults and vexations towards a worker, representative of UGT-FICA, who was organizing the elections and the attempt to “knock down” the candidacy of 7 people that was presented under the acronym of UGT.

The judgment, against which there is an appeal for supplication before the High Court of Justice, cites that 'there are more than enough evidence to deduce that the company has hindered the attainment of a legal representation of the workers', and violated the freedom of association and right to honor.

The ruling obliges the company to immediately cease these behaviors and to pay UGT the amount of € 25,000 for violation of fundamental rights, by describing the facts as 'serious', according to the Law of Infractions and Sanctions of the Social Order (LISOS).

In addition, it has urged the company to publish the ruling in two regional newspapers.

All this, without prejudice to the responsibilities determined by the Labor and Social Security Inspection, which will be informed by the court of the events that occurred.

The ruling also recognizes that the facts constitute a serious violation by the company of the fundamental rights of workers, and therefore imposes the economic sanction of this significant amount, a sanction consistent with the seriousness of the injury and of a deterrent nature, as to article 183.3 of the Regulatory Law of Social Jurisdiction.

UGT-FICA values ​​this sentence as exemplary and comes to sanction the anti-union conduct of the company, which tries to avoid compliance with labor standards and representation of workers, and remember that violating the freedom of association of workers does not come out free, especially when this violation is accompanied by serious insults to the union, its representative and the gender condition of the person, which have undoubtedly tipped the balance to defend the worker and UGT from these unworthy and legally persecutable behaviors.

If the company wants to appeal, it will have to deposit the amount of compensation in the Court.

Source: UGT Regin de Murcia

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