It was not any Friday at the Generalitat Railway Headquarters (FGC) on Vergós Street in Barcelona. Several workers and affiliates of the Union Commissions Obreras (CCOO) have concentrated to welcome a reader read after declaring a judge to conclude that the company threw it off despite knowing that he was a victim of gender violence, something that prohibits The law.
The sentence, which is already firm because FGC has not resorted, points out that, although the company did not act “with bad faith”, since it provided support, it was “aware” of the situation of gender violence of the worker and Despite this, he did not consider his trial period overcome.
All this despite the fact that sexist violence is a “especially protected” situation by the statute of the workers and that any dismissal of a woman victim is void, as has happened in this case in Barcelona. by article 55.5et that declares the nullity of the
“We are facing a real dismissal that is declared void for violation of the fundamental rights of the worker,” says the resolution, to which Eldiario.es has had access.
The employee has been received this Friday by several of her companions among applause, hugs and a banner that prayed “fellow welcome” and a “we are with you.” “For zero tolerance against real macho violence. Welcome, companion, ”said another banner.
With contained emotion, the worker has crossed the door to reinstate to her position. “Without the help of the union, I would not be here today,” said the employee, with the voice full of gratitude.
More than a year ago, while working in the public company, the employee suffered gender violence from her then husband and had to receive medical assistance. The next day, he went to his job and informed his superior of the situation. Shortly after, he was summoned in a rapid trial in the Gender Violence Court.
The worker presented the sentence, the restraining order and the part of injuries to FGC, and subsequently took the decline due to the serious situation he was going through.
After the period of decline and the holidays that corresponded to him, by reincorporating the company, he noticed an exclusive treatment by those responsible for the organization at that time. “They were leaving her aside in the workplace, they did not participate in the Teams meetings,” says Ricard Beumala, general secretary of the CCOO Trade Union Section in FGC.
The victim went to the union for support. “We collect the chronology of the facts and talk to the company,” explains Beumala. “But the response of the previous FGC address was to send a letter to the worker informing her of her dismissal, claiming that she had not overcome the test period of a year,” he adds.
The worker’s lawyer explains that the company cannot affirm that the dismissal was not discriminatory. Discrimination began at the time that no previous protection measures were taken towards the worker, such as offering help or reduce their workload. “The company must have adapted the job to the personal conditions of the worker,” he concludes.
In the sentence, the judge declared the dismissal void and ordered the readmission of the worker in the company. In addition, he recognized the violation of the right to equality and condemned the company to compensate it for having broken their fundamental rights. He also determined that imposing a test period of a year to a worker entitled was abusive.
“With this judgment justice has been done to the vulnerability situation suffered by the worker,” says Beumala. It also emphasizes that it is the first time that a ruling against FGC declares a zero dismissal, since in previous cases inadmissible dismissals had been ruled, which left the decision to readmit to the affected person or compensate it to the company.
The public company has not resorted to the sentence and has assured that the judicial ruling complies. “From Rerrocarrils we comply with all judicial resolutions and respect them to the fullest, also in this case,” they have stated.
But instead of accompanying the victim on his first day of work after his readmission, Beumala points out that “the company has preferred to organize, that same day, an advertising campaign” under the motto Zero tolerance with sexist violence.
As part of the action, FGC has gathered 160 volunteers to form a large number 0, who has given a sweatshirt with the motto, in addition to offering them free transport from Rubí, Martorell and Barcelona to the town of Monistrol, where it will take out the act.
“This is a clear example of image washing and double standards. The company has not even had the decency to speak with the worker. All agreements for their readmission have been processed exclusively among lawyers, ”says Beumala.
Since the Women’s Secretariat of CCOO they have proposed the creation of a reception document within the Equality Commission.
The Secretary General of the CCOO Trade Union Section underlines that it is not only a protection protocol, but a real accompaniment mechanism, which contemplates measures such as the modification of working hours, support in the management of procedures and the guarantee of established principles to prevent the company from disregarding its responsibility.
The document seeks to offer an action framework for FGC workers victims of sexist violence and prevent cases such as the occurred. “However, the company has requested that it is the union who writes the document, and then value it and submit it to a vote, thus removing responsibilities from above,” they denounce from CCOO while the worker crosses the door to return to her position.
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