In the province of Zaragoza, the City Council of Ebro Burgo (PSOE) has been convicted of refusing to negotiate, with an employee of the public nursery, the adaptation of the day that would allow him to take and pick up his two minor daughters of 5 and 8 years to school.
“The Consistory does not even take into account the necessary gender perspective,” explains his lawyer Manuel Casanova To Okdiario who has achieved justice with this mother who has suffered the violation of several of her rights repeatedly for three years, and that led her to claim his rights to justice, as vacations not granted or not agreed hiring conditions, before what he considered an abuse of repeated power by the Consistory.
The Burgo de Ebro and the Nursery
The case of this neighbor of El Burgo de Ebro who decided to resort to justice to defend their rights begins in 2022, when the working conditions of the staff of the staff were modified Children’s School By unilateral decision of the socialist mayor Vicente Royo, without a substantial modification of working conditions. From one day to another, the mayor of the PSOE increased the working day without proportionally increasing his salary.
This employee decided to denounce the situation and the Social Court declared the nullity of labor modifications, in addition to condemning the City Council to pay 3,211 euros For the excess of the unpaid day, in addition to replenishing the worker in their conditions prior to September 1 in terms of day and vacations.
However, here will begin a true via labor crucis for this mother in the struggle for her labor rights that would allow her reconcile your life Family with the work to which they have tried to make life impossible.
Along with their five companions they carried over 20 years With a temporary contract, “a clear situation of abuse of this type of contract that occurs in public administrations,” explains the lawyer. However, in 2024, the Government forces at the national level to regularize these types of situations and an opposition contest is opened for early childhood education techniques in the municipal center.
With the new one indefinite hiringNew working conditions for these workers arrived. Copying in the Statute of Workers, this employee requested that he be reduced and the schedules be adapted to be able to carry and collect his two small daughters to school, as he had been doing in these years.
Although, despite the City Council of El Burgo de Ebro He agreed to reduce the day to this nursery employee, did not allow a negotiation to adapt his schedule, making him impossible to take care of the little ones.
Now justice has reaped this mother again, declaring that she has the right to reduce her working day at 1:30 hours a day, as well as have A job schedule From 8:00 a.m. to 2:00 p.m., instead of a schedule in which it alternated weeks of continuous day with shifts from 8:00 a.m. to 2:00 p.m., and weeks of departure from 9:00 a.m. to 1:00 p.m. and from 3:00 p.m. to 5:00 p.m., and that did not make conciliation difficult.
In addition the Socialist City Council governed by Vicente Royo You will have to pay compensation for damage and damages of 1,500 eurosfor not having respected the right contemplated in the Statute of Workers (ET), by not justifying the refusal of adapting the schedule of this woman to the “right to reconciliation of family and work life”, as stated in art. 34.8 of ET. In this way, the Superior Court of Justice of Aragon revokes the ruling of a Court of First Instance that dismissed the employee’s request.
