The Supreme Court agrees with the company Sicor Seguridad El Corte Inglés, SL, in its decision to require the use of ties, even in summer, for security personnel assigned to an air-conditioned shopping center. In a ruling dated March 12, the Fourth Chamber of the institution dismisses the appeal of the Alternative Union of Private Security Workers union, and declares that the company is empowered to adopt that decision, which does not violate the dignity of the workers. , and that it is appropriate to the working conditions because it only affects the security guards who provide service to the public in the areas of the shopping center that have air conditioning, without extending this requirement to those who work in other different positions.
The union had filed a collective dispute lawsuit in July 2021, asking that “against Sicor Seguridad El Corte Inglés, SL, the right of workers affected by this conflict not to wear a tie in the summer in the workplace be declared.” of El Corte Inglés as the private security company intends.” In October of the same year, the Social Chamber of the National Court handed down a ruling and dismissed the lawsuit, alleging that the company was respecting the agreement reached with other unions in the company and the provisions of an order from the Ministry of the Interior.
Specifically, it cites the agreement between the firm and UGT in application of art. 22 of the ministry's order, according to which the company maintains the obligation to wear ties “as part of their uniform for security guards” who work at the state-level facilities of El Corte Inglés during the summer. However, it provides for an exception, “taking into account weather reasons, the working and cooling conditions existing in certain facilities”, for “warehouses, docks, carrying out surveillance outside opening hours of centers with commercial activity and night surveillance in general.” , parking lots and works, during the summer period of each year.”
Private Security Workers Union Alternative appealed the decision, but the Supreme Court rejected its reasons. He considered that Sicor Seguridad El Corte Inglés acted in accordance with the agreement reached with the union, “without any legal source being recorded to support the appellant's claim and without any of the exceptions, such as the impact on dignity”, and He stressed that the pact already establishes exceptions for the use of said garment for weather reasons in certain cases.
“Respecting in this way the agreement reached with other unions of the company and the provisions of the Order of the Ministry of the Interior 318/11, which attributes to the company the competence to decide on the uniform of the security guards, taking into account their adaptation to working conditions, the season of the year and other possible functional, work or personal circumstances, as well as the dignity of workers and equality based on sex,” concludes a note published by the court.
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