Post by account_disabled on Jan 17, 2024 23:29:02 GMT -9
The Superior Court of Justice of Madrid annuls a resolution of the Ministry of Labor that denied the registration of a company's equality plan because it had not had a negotiating commission during its processing. It determines that the Equality Plan of a company, which lacks worker representation, must be registered in the registry that the Ministry of Labor has for this purpose. In this way, ASSECO upholds the resolution of the Administration, which rejected the appeal against the decision not to register its Equality Plan.
The company filed the lawsuit stating that it was in a situation of “absolute defenselessness, not being able to participate in any public tender ,” as its plan was not registered in the registry of Conventions, Collective Agreements in the Whatsapp Number List General Subdirectorate of Labor Relations of the Secretariat. of Employment Status. The company urged the unions, for months, to be part of the negotiating table. In the case of UGT, they did not respond, as has been proven in the ruling, and CCOO stated that “due to the number of requirements,” they could not participate in the negotiation .
As established in Royal Decree 901/2020, which regulates equality plans and their registration, where legal representation of workers does not exist, a negotiating commission will be created in which both the company and the workers are represented . In the case of companies with more than 250 workers or when the sector's collective agreement so determines , even if they have fewer workers, the equality plan must be carried out through a negotiating commission, in accordance with articles 87 and 89 of the Statute of Workers. Workers.The doctrine of the Supreme Court (STS 832/2018) recalls that, faced with a negotiating blockage, the company cannot adopt the equality plan ignoring the agreement .
The company filed the lawsuit stating that it was in a situation of “absolute defenselessness, not being able to participate in any public tender ,” as its plan was not registered in the registry of Conventions, Collective Agreements in the Whatsapp Number List General Subdirectorate of Labor Relations of the Secretariat. of Employment Status. The company urged the unions, for months, to be part of the negotiating table. In the case of UGT, they did not respond, as has been proven in the ruling, and CCOO stated that “due to the number of requirements,” they could not participate in the negotiation .
As established in Royal Decree 901/2020, which regulates equality plans and their registration, where legal representation of workers does not exist, a negotiating commission will be created in which both the company and the workers are represented . In the case of companies with more than 250 workers or when the sector's collective agreement so determines , even if they have fewer workers, the equality plan must be carried out through a negotiating commission, in accordance with articles 87 and 89 of the Statute of Workers. Workers.The doctrine of the Supreme Court (STS 832/2018) recalls that, faced with a negotiating blockage, the company cannot adopt the equality plan ignoring the agreement .