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SPAIN

SPAIN Fixed-term contracts of employment ― seasonal work ― intermittent work ― part-time work ― working-time - collective agreement rules inconsistent with statutory rules. HEADNOTES Facts The applicant is a union (Union General de Trabajadores - UGT) that seeks that article 21 of the Collective Agreement for Tomato Pickers in Murcia be declared void, as it regulates the "casual-work contract" in a way inconsistent with the applicable statutory provisions, contained in article 15 of the Workers' Statute. This Collective Agreement was signed by the union Comisiones Obreras (CCOO) and an employers' association of tomato harvesters. Article 21 of the mentioned Collective Agreement regulates the "casual- work contract", saying that it will have a maximum duration of 180 days of effective work within a period of 365 days; workers will be called to work, and consequently will be paid, only the days when they are needed by their employer, within the agreed period. The Superior Court of Justice of Murcia, as trial court, entered judgment against the applicant. Decision On appeal, the Supreme Court sets aside the trial court's judgment, and declared that article 21 of the Collective Agreement for Tomato Pickers is inconsistent with several legal rules: article 1256 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

SPAIN

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160202X00428
Publisher site
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Abstract

Fixed-term contracts of employment ― seasonal work ― intermittent work ― part-time work ― working-time - collective agreement rules inconsistent with statutory rules. HEADNOTES Facts The applicant is a union (Union General de Trabajadores - UGT) that seeks that article 21 of the Collective Agreement for Tomato Pickers in Murcia be declared void, as it regulates the "casual-work contract" in a way inconsistent with the applicable statutory provisions, contained in article 15 of the Workers' Statute. This Collective Agreement was signed by the union Comisiones Obreras (CCOO) and an employers' association of tomato harvesters. Article 21 of the mentioned Collective Agreement regulates the "casual- work contract", saying that it will have a maximum duration of 180 days of effective work within a period of 365 days; workers will be called to work, and consequently will be paid, only the days when they are needed by their employer, within the agreed period. The Superior Court of Justice of Murcia, as trial court, entered judgment against the applicant. Decision On appeal, the Supreme Court sets aside the trial court's judgment, and declared that article 21 of the Collective Agreement for Tomato Pickers is inconsistent with several legal rules: article 1256

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 2001

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