The Shortest Indefinite Contract In The World

2021-02-16   |   by CusiGO

On the 25th of last year, Alberto, a 39 year old industrial engineer, came to the navantea factory in Cartagena (Murcia). Four years and eight months ago, he began to work in the control system Department of a shipyard, but this is his first employment with a listed company. Ten days ago, he received a letter from Alvaro Taylor, director of labor relations at navantea, which said, “according to the judgment of the Third Social Court of Cartagena on December 30 last year, He will be appointed as an “indefinite unfixed worker” at 7 a.m. on Monday, and his qualifications and salary will be determined by him.

The court held that Alberto was the object of the illegal transfer by soological technological solutions s.l., a subcontractor of the company. He works in a naval factory, but his boss is a manager of a public company. He distributes tasks among engineers according to their skills, regardless of which subcontractor they belong to. “Everything soologic has done,” the judgment stressed, “is to facilitate labor and manage issues such as high, low or social security, but it does not provide any organizational or technical guidance.” Although one of navantea’s employees had been in the same position until retirement, the judge said, “he was not assigned to work because he was inefficient.”

On January 25, Alberto came to the shipyard with a colleague who won the contract in the lawsuit. However, when he successfully joined, the first one did not pass the access control, where he received the letter of employment. Alberto said he was paralyzed and didn’t know how to react. He did not expect that, after two court victories, the threat he received in November 2019 would eventually be met: if he did not give up the prosecution, he would lose his job.

In March this year, the second largest court in Cartagena proved this for the first time. Therefore, he is not going to be fired, but to be forcibly transferred. According to this award, on November 4, 2019, 14 technical engineers of navantea control system department related to the subcontract submitted a mediation letter to SMAC (Arbitration and Mediation Office), asking the shipyard to employ them. Their boss told them, “they have to stop,” and issued them a 24-hour ultimatum, warning them that “anyone who sticks to it can’t continue to work next week,” the ruling added. Half of them flinched “because they were afraid of revenge and could not bear the pressure.”. The other seven, including Alberto, insisted.

According to the court, there is evidence that Alvaro Taylor, head of personnel at the public shipyard, told Alberto in a telephone conversation, “if he wants to continue working, he must resign and announce that despite the outcome of the lawsuit, he will not work in navantea, Because it has decided to follow the example of the seven companies that maintain illegal transfers in order to avoid future claims from other subcontractors and to provide the means for this purpose. ”

In Alberto’s case, the seven were fired or forced to move to Seville, although he did not join: he applied for a permit and then was discharged from hospital because of anxiety. The judge called for an end to the “undoubted harassment” of him by navantea and soologic, and accused the two companies of “violating fundamental rights because workers cannot be retaliated for instituting constitutional legal proceedings.”.

Navantia’s source “categorically denied any intention of retaliation” and claimed that “the court’s ruling was enforced because the worker joined on January 25”, on the same day he was told that “the contract was terminated for objective reasons”. According to these sources, the judgment itself stipulated that he was employed “indefinitely and indefinitely”; he was a worker and held a position in a selective procedure, because as a public enterprise, he had to abide by the principles of openness, competition, merit and employability; Procedures set out through plans agreed with trade unions.

According to the same source, this is what happened: last October, lapraza entered the competition and Alberto “appeared but was not selected. The message navantea got was that he didn’t complete the test, “they added. Public utilities refers to a directive of the Ministry of Finance in 2012, according to which “when a worker obtains indefinite unfixed status through judgment”, it must be analyzed, and according to its characteristics, “the position shall be amortized or provided internally according to the mechanism stipulated in the current convention”.

In fact, engineers took part in the competition to occupy that position. He explained that the person in charge of the recruitment company had a 10 minute telephone interview with him in English and announced that he would be informed to take the written test. A week later, due to lack of information, Alberto sent him an email, but never replied or contacted him again.

Although Alberto is said not to meet navantea’s requirements now, the company chose him to go to Australia three times in 2017 and 2018 and offered English courses for personnel responsible for maintaining the ships sold to the country’s navy for a total of seven weeks. This not only contradicts the instructions of the Ministry of finance, but also means that it recognizes that it includes sub contracts for fixed work. In his view, the dismissal was “a legal fraud and new retaliation, a violation of fundamental rights” and he would appeal, although Alberto doubted whether the court’s decision made any sense.