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NEW COURT RULING AGAINST THE MINISTRY OF FOREIGN AFFAIRS, EUROPEAN UNION AND COOPERATION FOR THE SUBSTANTIAL MODIFICATION OF WORKING CONDITIONS: COURTS RULE IN FAVOUR OF CCOO ONCE AGAIN

    The court ruling is in favour of CCOO and confirms that the Argentinian annual salary supplement cannot be paid in the way the Ministry interprets the law. The Ministry cannot take a part of employees’ monthly salaries to pay for the annual salary supplement, because this monthly redistribution of their salary is a change in workers’ salary structure, which implies a substantial modification of working conditions.

    10/10/2019.
    Trabajadores de la Administración General del Estado en Argentina / Consulado General de España en Buenos Aires.

    Trabajadores de la Administración General del Estado en Argentina / Consulado General de España en Buenos Aires.

    Labour Court Number 11 in Madrid has provided its verdict on the lawsuit filed by workers of the Ministry of Foreign Affairs, European Union and Cooperation in Argentina. Their employment relationship is regulated by the Agreement on working conditions for employees working abroad, approved on 3 December 2007, as well as the local labour legislation, depending on which it may be prescriptive to pay workers a so-called "annual salary supplement": a twelfth of the annual salary, to be paid in the months of June and December.

    The Ministry of Foreign Affairs is a repeat offender regarding its inverse interpretation of legislation. Back in July 2015, they adjusted their employees´ retributions in Argentina, redistributing throughout the year the quantities included in December’s payroll for the second instalment of the annual salary supplement, without modifying the annual gross amount. This is a clear infringement of Argentinian legislation, which forbids apportionment of extra payments.

    The court ruling is in favour of CCOO and confirms that the annual salary supplement cannot be paid in the way the Ministry interprets the law. The Ministry cannot take a part of employees’ monthly salaries to pay for the annual salary supplement, because this monthly redistribution of their salary is a change in workers’ salary structure, which implies a substantial modification of working conditions.

    CCOO remains true to its commitment with Foreign Service workers and will continue to carry out as many actions as necessary in order to keep defending the rights of our workers.

    Very soon, on 22 October, our new legal battle in court due to the collective conflict lawsuit filed by our union.

    ¡WE WILL KEEP YOU INFORMED!

    　

    　

    Madrid, October 10th, 2019

    　

    Should you need to get in contact with us, please call or email us at:

    • Email: ccoo-servicioexterior@fsc.ccoo.es / Osmany.llanes@fsc.ccoo.es
    • Landline: +34 91 535 52 31
    • Mobile phone:+34 689 31 54 89 / WhatsApp:+34 658 94 95 61

    Documentación asociada

    INF. NOTE - 10OCT2019 - Court Ruling Argentinian Annual Salary Supplement.

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    Documentación asociada

    INF. NOTE - 10OCT2019 - Court Ruling Argentinian Annual Salary Supplement.