While in the PSOE of Andalusia (PSOE-A) of Juan Espadas they’ve been trying for months whiten he ERE case and even try to proclaim that it was a plot invented by the PPthe only thing certain is that practically every week a new socialist sits on the benches of the Andalusian courts to face an accusation of corruption… and the vast majority of them do so as part of an investigation carried out precisely by the ERE case. Just three months ago, the president of the PSOE-A himself, Manuel Pezzi, declared that the ERE plot was “a setup” by the PP to imprison the “innocents”.
But the reality is very stubborn, and this Thursday the first section of the Seville court has scheduled the start of the trial against the former Director General of Labor and Social Security of the Socialist Junta of Andalusia, Daniel Alberto Riveraand a former CCOO unionistfor alleged crimes of procrastination And embezzlement in the most of 9.76 million euros granted by the Junta of Andalusia outside of the “judicial procedure”, for income insurance policies company employees Fertiberia included in the labor regulation files (ERE) undertaken by such an entity.
In his indictment, the Prosecutor’s Office details it BEFORE promoted in 2003 by Fertiberia turn off 166 jobsspecifying that even if the company “did not request any type of direct or socio-professional help, the General Directorate of Labor and Social Security“of the Advice and then Andalusian Innovation and Development Agency (IDEA)they granted socio-labor aid amounting to more than 2.26 million euros to 14 former workers who took early retirement “due to the breakdown of their employment relationship”.
In this context Prosecutor’s Office highlights in particular the case of 12 workers from Fertiberia that thanks to the terms of the ERE negotiation, they accepted their transfer to other workplaces and, “a few days later, on the advice of their union representatives, they requested incentive leave, thus ending their employment relationship with the company between March and May 2004, imposing a transfer incentive, then an additional one for incentive leave.
These 12 workers, according to Prosecutor’s Office“they sent a letter collectively and individually” to the then Director General of Labor and Social Security, Francisco Javier Guerrero, who died in October 2020 and was convicted of prevarication and embezzlement under the “specific procedure” to finance the BEFORE incentivized by regional funds and arbitrary and unpublicized aid to businesses; and also to the one who was provincial delegate of Department of Employment of Seville, Antonio Rivas.
In his letter, according to Public Ministrythey requested “collaboration in the face of the particular circumstances” with which they were confronted “in order to obtain social assistance and undertake to hand over the check received corresponding to the severance pay”, which, in the opinion of the prosecution, “an illicit mechanism was articulated “to request the transfer of the workplace to, shortly after, obtain incentive leave and the inclusion of these workers as beneficiaries of retirement insurance policies, through which the illicit payment of aid was exploited”.
CCOO unionist
The prosecution highlights the role of the accused in the events JAFG like then Secretary of Organization, Finance and Communication of the Federation of Textile, Chemical and Allied Industries of CCOO“knowing the illegality of the subsidies and the incorrect actions of the administration that grants them.”
According to the indictment, the said workers And JAFG “they materialized the procedure described to achieve the conditions of early retirement “to which these people were not entitled”, “escaping any form of administrative discipline”, the aforementioned trade unionist accepting “the inclusion of these workers” as beneficiaries of the pension insurance policies of Fertiberia“with the participation of the mediator Vitalia Vida» through the also accused and former director of said entity Antonio Albarracin.
Thus, in October 2004, the former Director General of Labor and Social Security of the Council, Francisco Javier Guerrero formalized a document intended to “pay” 812,049 euros to pay for the policy of these 12 former Fertiberia workers; after which the director of Vitalia accused in the case “intervened in the formalization of the corresponding insurance policies (…) knowing the illegality of the system of granting and financing aid, taking advantage of his relations with civil servants of the General Directorate of Labor.
Policy supplements
That same month, income insurance policies for BEFORE of Fertiberia of 2003 with a total amount of 2.1 million euros, with more than 540,000 euros to be paid by workers coinciding “with the amount of their compensation” and the rest by the Council, including “12 policy supplements that would increase the debt of the Board of Directors in the amount of 1,947 million euros; although in 2008 two additional policies were taken out for two other employees affected by the BEFORE of 2003, for a final amount of 317,735 euros.
Already in 2009, according to the Prosecutor’s Office, Fertiberia promoted another BEFORE for the elimination of 223 jobs, noting that “the expected cost of the layoffs amounted to 16 million eurosthe Commission must assume 50 percent of the said amount and Fertiberia the rest.
Thus, the Prosecutor’s Office details that in total, the Council granted Fertiberia aid amounting to more than 9.76 million euros, including 1.947 million in the case of the 12 aforementioned workers of the company BEFORE of 2003, plus an additional 317,735 euros for the bonuses of the two other workers of the collective dismissal of 2003 and 7.5 million euros for the income insurance policy of the 159 workers of the ERE of 2009, “of which there is no has no payment”; by weighing up the different payment orders of Daniel Alberto as Director General of Labor since April 2010, at the agency IDEAregarding this aid granted.
Without legal proceedings
“These subsidies were intended to finance the collective redundancy compensation agreed between the company and the workers” and, according to the prosecution, they constituted “real aid to the company, without an economic analysis being carried out by the business”. “. Advice“on its origin and that during its processing “we have totally and absolutely renounced the legal procedure”, which “would result in a total nullity”, despite the fact that there is neither “control” nor control of the money granted.
Thus, the prosecution qualifies the facts as an alleged continuous crime of prevarication combined with a continuous crime of embezzlement against the accused, a former trade unionist of CCOO and the former director of Vitalie and of the same nature but without the continuous character in relation to the former Director General of Labor Daniel Alberto Riverademanding for the first two seven years of prison, the same period of special ban and 17 years of absolute ban; and for Rivera five years in prison, the same period of special prohibition and 12 years of absolute prohibition.
Some time ago, let us recall, the defense lawyer of Rivera deplored at the trial for another separate piece of the BEFORE that after its exclusion from the essential part of the “specific procedure”, Daniel Alberto Rivera faces his indictment in around fifty separate documents corresponding to the aid in question financed within the framework of said financing mechanism, with requests for a sentence of an average of six years in prison, which is in addition to requests sentences of up to around 300 years in prison.
