#WORLD #WORLDWIDE #SPAIN #ANARCHISM #News #Journal #Update - (en) #Spain CNT-AITAnarchosyndicalisme! n°178: Union discrimination (ca, de, it, fr, pt, tr)[machine translation]

 Victoire! A real moment of happiness reading the deliberations of the industrial

tribunal. Finally after almost 2 years of fighting, the judges have delivered
their verdict. It is written in black and white: the dismissal of our companion
is void, the court orders his reinstatement, his employer is dismissed from all
his claims and conclusions. Victory by KO. ---- Let's remember the facts: our
companion works and is an activist in a chemical company, a subsidiary of a large
group. Already in 2019, for having gone on strike during a mobilization against
the pension reform, the company deprives him of an attendance bonus for
"unjustified absence": he contests, supported by the CNT-AIT, reminding the boss
the basic principles of the right to strike. The boss is forced to pay him the
bonus, but now the companion is in the crosshairs. Later, the boss reproaches
him, by mail,
a fault he absolutely denies. Relations are strained. It must be said that the
companion is restless. He discusses with his colleagues. A union section is
discreetly formed. To make it official, the companions distribute a leaflet on
the public highway at the entrance to the factory to denounce the contempt
displayed by the representatives of a large customer of the factory against the
employees during an audit. . It's the last straw. No question for the boss to
miss another vision of a unionism more focused on direct action (that is to say
directly by those concerned) than on conciliation: The hum of the
official unions already present (CGT, FO) are more than enough for the boss.
Immediately, the most visible companion receives a registered letter: he is
summoned for immediate dismissal... Except that in the meantime the companions
had declared a union section in the company. Immediately, the boss summons the
CNT-AIT union of Allier before the court to challenge its very existence.

The response was not long in coming. Picket at the entrance to the factory,
counter-attack by the CNT-AIT in the court of law on the union part of the
conflict and complaint to the industrial tribunal from the companion for the
personal part.
The first trial had been quickly won: with our small means and although we are
not legal professionals, obviously we know the Law better than the armies of
professional lawyers paid handsomely by the Boss... The court therefore
recognized that the CNT-AIT does exist and that it is a union, with all its
prerogatives! CNT-AIT 1 - Boss 0
The prudhommes took longer to render their verdict. It must be said that the boss
played the clock to exhaust the finances of the companion and the union which
supports him: the boss's lawyer had the hearing date postponed at least three
times on the grounds that he would not have had time to study the case
thoroughly. Then the employer's lawyer challenged the form of the workers'
testimonies in favor of our companion, on the grounds that they had not used the
correct polite expressions in their mail.
... As a result, more than a year after the start of the case, the industrial
tribunals were finally able to deliver their verdict and it is unambiguous: the
CNT AIT leaflet distributed contained only proven facts, verified information
intended for employees. . Nothing in this tract was objectionable, no slander.
The companion was therefore well within his "good right" of union information and
was indeed dismissed for union reasons. CNT-AIT 2 - Boss 0

But... no matter how much we read and reread the recitals of the judgment, it is
missing... the indemnities. For almost 2 years the companion was deprived of
salary, he had, to survive, to chain precarious jobs, interim boxes, his dignity
was flouted. All this would therefore count for nothing, no compensation to
compensate for the damage suffered. However, the law, the labor code are very
clear: when a dismissal is declared void and without serious cause, when a
fundamental freedom of the employee has been violated, he is automatically
entitled to full payment of the wages he should have received between the time of
the dismissal and the pronouncement of the judgment. How is it that labor court
judges have "forgotten" this essential point for employees? All the more
incredible since half of the judges are trade unionists, appointed by the
Ministers of Labor and the judge on the proposal of the representative unions,
for their expertise in the world of work and, among other things, the regulatory
aspects of the employment contract. Be that as it may, the CNT-AIT has not said
its last word... To be continued..."

CNT-AIT Allier and its allies
Last minute: the boss appeals and our Companion also appeals to ask for his due:
payment of the fixed compensation provided for in the event of a violation of a
fundamental right.

http://cntaittoulouse.lautre.net/spip.php?article1271
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