The judgment of the High Court of Andalusia ruled in favor of a worker who was fired by the temporary nature of their contract, despite having served as a farmhand for the same company for over seven years. With this ruling, Article 13.II of the Provincial Collective Agreement Labour Camp in which it is collected that is canceled "They acquire the status of permanent seasonal, workers who provide services for the same company for two consecutive years or three alternate, averaging 180 days worked each campaign, provided that this campaign is not an interruption of employment than thirty days occur, acquiring this condition at the beginning of the next ".
This process begins in the year 2014, with the demand that the Legal Department of UGT Almeria gets in the Court of the Social number 2 Almeria, where it rules in favor of the working. The sentence was appealed by the company before the High Court of Andalusia, finally occurring him the reason. After this new sentence, The worker appealed to the Supreme Court, which has achieved a final judgment against which no appeal, and recognized as discontinuous fixed.
The secretary general of the Federation of Industry and Agricultural Workers (FITAG) UGT Almeria, Juan Sola has detailed that "in this sentence deemed illegal Article 13.II of this Agreement by violating the provisions of Article 15 of the Statute of Workers, in which it is stated that for a worker becomes discontinuous is fixed should be a correlation contracts, along several campaigns, regardless of the number of days ".
"With this ruling a precedent that can be applied to other sectors feel, as the manipulated, so important in our province. Among 10.000 and 15.000 workers in the field and manipulated in Almeria will see benefit, from being temporary to permanent seasonal "he has detailed Sola.
Also, He said that "This is a very important judgment, which finishes with fraud, as some companies were disrupting the relationship with their workers before reaching the limit of days to avoid having to make intermittent permanent. It has managed to stabilize the employment situation of workers in the field and manipulated ".
In order to inform workers affected by this judgment, from UGT Almeria will start an information campaign.