A court in Eibar has issued a landmark ruling recognizing a Lanbide employee's right to receive approximately 50,000 euros in compensation due to the abuse of temporary contracts by the Basque Government. According to UGT, the union representing the worker, this is the first ruling in Spain to incorporate the directives from the Supreme Court (TS) and the Court of Justice of the European Union (TJUE) on this matter.
Unlike previous judgments, this new ruling delves deeper into acknowledging the suffered damages and imposes a dual compensation scheme. It grants 20 days of compensation per year worked, capped at one year's salary, amounting to 39,089.71 euros. Additionally, 10,000 euros plus procedural interest have been awarded for damages and losses, based on the Law on Infractions and Sanctions in the Social Order (LISOS).
“"Once again, a pioneering ruling has been issued that sets a precedent and will have significant depth and impact on future judgments."
UGT highlighted that the resolution directly affects a group of workers who secured permanent positions in the 2022 consolidation public employment offer after years of successive temporary contracts. Pilar Olivas, UGT Zerbitzu Publikoak's Secretary for Autonomous Administration, expressed "deep satisfaction" and affirmed that the union "was right to pursue claims for the abuse of these workers." She emphasized the "express recognition of the damages and suffering" and the implementation of measures to prevent recurrence. The union anticipates an "optimistic scenario" for the remaining approximately fifty similar cases.
Furthermore, UGT's legal services are already examining the possibility of filing new claims for contract workers, even if more than a year has passed since their termination, and extending this strategy to the contentious-administrative sphere for civil servants who have experienced "identical abuse of temporality."
