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SPAIN SP.1

SPAIN SP.1 Hospital Oncologico de Cataluña v. Prometco M.N. Contract of employment ― wages ― payment for period during which services not rendered for reasons for which employer is responsible HEADNOTES Facts Prometco M.N. was engaged by the Cancer Hospital of Catalonia and the Baleares to carry out specified functions as a workman. While his contract was in force, the absence of activity on certain worksites in the hospital precluded the performance of his services. He repeatedly asked the under- taking to give him work, and took a variety of steps before the governing bodies of the hospital with a view to being fully integrated in the work for which he had been engaged. In the absence of any reaction by the under- taking, he submitted a claim to the competent labour court, based on S.30 of the Workers' Charter, calling for the performance of the contract and the payment of wages due for the period of inactivity, as well as an order that wages be paid monthly on time in the future. The Court decided in his favour. The Hospital introduced an appeal in cassation before the Supreme Court. It argued that there had not been non-performance of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160288X00145
Publisher site
See Article on Publisher Site

Abstract

Hospital Oncologico de Cataluña v. Prometco M.N. Contract of employment ― wages ― payment for period during which services not rendered for reasons for which employer is responsible HEADNOTES Facts Prometco M.N. was engaged by the Cancer Hospital of Catalonia and the Baleares to carry out specified functions as a workman. While his contract was in force, the absence of activity on certain worksites in the hospital precluded the performance of his services. He repeatedly asked the under- taking to give him work, and took a variety of steps before the governing bodies of the hospital with a view to being fully integrated in the work for which he had been engaged. In the absence of any reaction by the under- taking, he submitted a claim to the competent labour court, based on S.30 of the Workers' Charter, calling for the performance of the contract and the payment of wages due for the period of inactivity, as well as an order that wages be paid monthly on time in the future. The Court decided in his favour. The Hospital introduced an appeal in cassation before the Supreme Court. It argued that there had not been non-performance of the

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1987

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