He Superior Court of Justice of Madrid (TSJM) has confirmed the complaint filed by Workers Commissionssupported by three magistrates, and has ordered the Community of Madrid governed by Isabel Diaz Ayuso to immediately reinstate the workers of the Tesoros de Arganda del Rey Infant School, who had been “tacitly dismissed.”
Aitor Portillofirm lawyer Portillo Lawyers and legal representative of 52 workers of the Tesoros Infant School and Mr. Cathas explained to Public that the problem began at the end of August of this year, when the workers were sent to a ERTE during your vacation period. “The Tesoros Infant School was public, but the regional government delegated its management to the company Atreyu Blota Carto SLwhich, after several months of non-payments, declared bankruptcy. As a consequence, the Ministry of Education of Madrid chose to directly assume the administration of the center,” he details.
Portillo affirms that, from his office, they held conversations with the company to avoid layoffs and to demand that the situation be transferred to the Community of Madrid. “The company acted in accordance with our request, but then the Community of Madrid refused to assume labor relations. We thus found ourselves with a tacit dismissal, which in our opinion was caused by the inaction of the Community of Madrid“he points out.
The lawyer reports that the TSJM ruling obliges the Community of Madrid not only to assume the labor relations of the workers, but also to pay them the corresponding processing salaries from September 1 to the date. “It seems that the Community of Madrid intends to appeal, according to what they have transmitted to us,” he says. However, it clarifies that, despite the possible appeal, “the sentence is provisionally enforceable.”
Aitor Portillo: “The rights of workers are above the budget law to which the Ministry refers”
“In response to the denial of subrogation, the Ayuso Government argued that the budget law, according to them, prevents workers’ right to subrogation,” explains Portillo. “However, we have always maintained that, above that norm, there are the rights of workers, and that is precisely what the ruling issued now has ratified,” he emphasizes. The lawyer adds that The sentence will now be elevated to the Supreme Courtwho will be in charge of confirming it.
“The Community of Madrid must not evade its responsibility”
For almost a year, the workers at the Tesoros Infant School have been in a critical situation due to the constant delays in the payment of their salaries and the working conditions “unsustainable“ that they must endure daily.
In May of this year, in statements to Public, Manuela Bergerotspokesperson for More Madrid In the Assembly, he questioned the indirect management of public services. “What happens with the nursery schools managed by Atreyu is a clear example of the failure of this modelthat prioritizes lower cost offers at the expense of quality of service and the working conditions of the workers. The Community of Madrid cannot continue evading its responsibility and must assume direct public management of these schools to prevent situations like this from being repeated,” he said.
#Justice #agrees #workers #nursery #school #Madrid #forces #Ayuso #Government #reinstate #staff
