The Social Court No. 1 of Eibar has delivered a pioneering verdict in Euskadi, ordering the Basque Government to pay 85,000 euros to two employees of Lanbide. These workers had a succession of temporary contracts for years before finally obtaining a permanent position through a consolidation public employment offer in 2022.
This judicial decision, announced by the UGT trade union, marks the first time in the Basque Country that compensation for the abuse of temporary contracts has been recognized for workers who subsequently secured permanent positions. Previously, jurisprudence only granted compensation to workers who were dismissed without obtaining a permanent post.
The Eibar court applied the recent doctrine established by the Court of Justice of the European Union, which deems the compensations applied by Spanish courts against the abuse of temporary employment insufficient. European tribunals have determined that converting temporary contracts into “non-permanent indefinite” contracts does not constitute a proportional sanction, and economic compensation is also necessary.
“"These two successful lawsuits are just the beginning of a larger legal offensive."
UGT has indicated that it is currently managing an additional 40 lawsuits from Lanbide workers in similar situations, for which a similar ruling is anticipated. In the case already judged in Eibar, the Basque Government will have to pay 45,938 euros and 39,401 euros, plus interest, to the two workers affected by the abuse of temporary contracts.
“"This ruling opens a path of hope for hundreds of affiliates who already have favorable judgments recognizing their permanent status and whose cases are pending in the High Court of Justice, awaiting the application of the latest European directives."
