The National Court has declared “null” the employment regulation file (ERE) applied by Ryanair to 224 workers of its closed bases in Tenerife, Lanzarote, Gran Canaria and Girona before the health crisis and obliges him to immediately reinstate workers “in the actual work of his company, in the same working conditions in which they had been performing their services before the collective dismissal and with immediate payment of the wages they had not received since the extinction of the contract”.
Definitely, Ryanair, who has the option of filing an appeal, must reinstate those employees at a critical time for the airline, with Temporary Employment Regulation Files (ERTE) that affect practically all of its 1,500 workers in Spain given the reduction in air activity during the state of alarm and its capacity in the coming months, expected until summer.
The sentence comes in response to the lawsuit by unions USE, Sitcpla -representing Ryanair cabin crew (TCP) – and Sepla -of pilots- last December. The unions alleged that the procedure was “riddled with multiple irregularities and breaches of Spanish labor law.” As indicated by the productive and organizational causes on which Ryanair bases its decision to present the ERE “are not proven” and that some of them “are non-existent”.
The ‘low cost’ airline argued as reasons for this decision the delay in the delivery of the Boeing 737 MAX; the inefficiency of the bases of Lanzarote, Gran Canaria and Tenerife for low rates; the high cost of operations and the uncertainty regarding the ‘Brexit’ and its impact on the business in the Canary Islands, as well as the decrease in demand at the Gerona airport during the winter season.
Gustavo Silva, general secretary of USO at Ryanair and affected TCP at the Tenerife South base, highlights two forceful sentences from the sentence: “The company did not want to undertake a period of consultation in accordance with article 51.2 of the Workers’ Statute. Bad faith, fraud, coercion and abuse of law are seen in the bosses’ procedure ”.