The Supreme confirms that these employed by ETT should acquire the corporate’s equipment for being low | Economy | EUROtoday

The Supreme Court recalled that the employees employed by means of a brief work firm (ETT) have the correct to obtain the identical compensation as those that are used immediately by the corporate and, as decided now, this additionally consists of the fee of the equipment which have many agreements to finish the advantages for short-term incapacity in the course of the medical casualties.

This is indicated by the Social Chamber of the High Court in a judgment of May 27 that serves to rectify and unify the doctrine issued so far. In the ruling, the Supreme dismissed an enchantment from the Temporary Work Company towards a previous judgment of December 2022 of the Superior Court of Justice of the Basque Country, through which this ETT was compelled to pay the demanding employee to pay the sum of 9,883.90 euros, in addition to the corresponding pursuits.

This is the case of an worker contracted by means of this ETT to do his work in a metallic stamping firm at completely different instances of 2020 and whereas offering his providers induced a loss attributable to occupational illness for nearly a 12 months. Shortly after, in 2021, the employee was employed once more by means of Adecco, to be assigned to different workshops, after which suffered a piece accident, a consequence of which he as soon as once more induced a scenario of lower attributable to short-term incapacity.

In the case of this judgment, which is relevant to the whole ETT sector, the Supreme Court recollects that, each within the Spanish legislation and locally directive that regulates labor relations by means of short-term work firms, “the concept of remuneration must be interpreted widely, so it must also include voluntary improvements that may contemplate the agreements of the users”. The consumer firm is the one which goes to an ETT searching for short-term staff.

The High Court helps the fee of the short-term incapacity complement to the transferred employee “because it is evident that if the actor (plaintiff) had been hired directly by the user company would have received that improvement in case of temporary disability”, because the firm’s settlement for which it has been ceded as stipulated. Specifically, though within the employee’s project contracts, the collective settlement of short-term labor firms, within the first of the work carried out, ruled the collective settlement of the consumer firm and within the second jobs the collective settlement of the Biscay siderometallurgical trade was utilized.

In addition, the important thing to this Supreme ruling is that it rectifies different earlier sentences of this similar courtroom. Specifically, it refers to 2 pronouncements of the Social Court of Girona, first, and of the Social Chamber of the Superior Court of Justice of Catalonia, then through which in the same case they referred to a judgment of the Supreme itself of March 2004 to condemn that “the complement of temporary disability provided for in the collective agreement of the user company is not applicable to the workers from the temporary company. discrimination”. Moreover, in these first sentences it was referred to that in the Spanish regulations, 1994, which regulated the ETTs, the delimitation of the remuneration that should be matched with those of the user company did not reach the voluntary improvements of Social Security.

Now, the supreme rectifies and considers that “the person hired by an ETT and assigned in mission must benefit from the voluntary improvement provided by the collective agreement of the user company for cases of temporary disability,” concludes the text where the failure is collected. Precisely, sources consulted have explained that Adecco’s intention with this resource was not to pay this complement, but to clarify how it should proceed in these cases from now on, due to the contradiction between sentences of the Supreme.

Likewise, the High Court recalls that since 2008 the corresponding European Directive indicates that the essential working and employment conditions of the workers assigned by temporary work companies during their mission in a user company will be “at least, those that would correspond to them if they had been hired directly by said company to occupy the same position”.