The 4th Social Room of Supreme Court unified the doctrine and estimated the CCOO appeal against UVESA and Servicarne for the case of fake self-employed workers in the meat industry, which could affect around 5,000 people nationwide.
In Navarre, regarding the material consequences of the specific case against UVESA in the center of Tudelamore than 500 workers can claim greater seniority and, where applicable, a salary supplement for this concept. They can also request the restitution of self-employed contributions that they unduly paid to Social Security when they were victims of fraud.
The decision makes it very clear that Servicarne is not a real cooperative. It did not have a minimum material, organizational and productive infrastructure to meet the objectives of a worker cooperative, but rather it used this legal configuration in fraud of the law to act on the market as an entity intended exclusively for labor intermediation. the real employer being the major meat company.
Even if in practice workers have been regularized for years After the union struggle of the CCOO of Industry and the involvement of the Labor Inspectorate, the judgment gives a clear, clear and unequivocal message, which cancels any temptation to return to a productive model which has only brought precariousness and labor exploitation.
On the other hand, being unification of doctrinedefinitively rules in favor of the CCOO thesis the various decisions of the courts, including the Supreme Court itself. Thus, not only does it rectify the judgment of first instance and the Superior Court of Justice in the UVESA case, but, from now on, all the files still open and pending will have the same outcome.
The speaker was His Excellency Mr. Sebastián Moralo Gallegowhich definitively resolves the decisions of all courts. In addition, Files still pending will benefit from the same consideration. CCOO de Industria was the only union present in this matter, alongside the General Treasury of Social Security.
In fact, CCOO is present in each of the more than fifty meat company files linked to the Servicarne affair. CCOO was also the only union to appear in the file for disqualification of this false cooperative, a fact which was decisive in the favorable decision and the unification of the doctrine.
In this sense, CCOO de Industria appreciates the work and professionalism of Enrique Lillo, the union’s lawyer who drove the legal strategy that resulted in this enormous success.
“With this judgment, justice is done and the fight that CCOO de Industria led through the #CarneSinFraude campaign, in which all its structures and legal services intervened, filed hundreds of complaints with the Labor Inspectorate, called historic strikes like that of Embutidos Rodríguez (León) and created the traffic light for meat work”, underlines the union.
