The titular magistrate of the Social Court number 7 of Zaragoza, David Aragüés, has condemned CC.OO of Aragon to compensate the lawyer Javier Checa Bosque with almost 100.00 euros for having had him working for the union organization as a false autonomous for 35 years . He has declared his dismissal inadmissible and obliges the Federation of Citizenship Services (FSC) of said union to reinstate or compensate him financially.
According to the judge, the statements of witnesses and the documentation provided in the case show that the relationship between the lawyer and the FSC was not of a commercial nature but of a labor nature. Understand that "under the guise" of commerciality in hiring hides a "true relationship" in which "dependency and alienation notes" concur.
Remember that it is "well known" that legal relations "are not what the parties say they are", but "what they really are" in light of the benefits actually offered.
In this case, the judge indicates that, without the authorization of FSC, Czech could not provide any activity and was subject to permanent control and supervision. He points out that in so-called "trade union interest" matters, the plaintiff could not even refuse to take them "even if it was against his opinion and extensive professional experience."
Affiliates and workers
According to the ruling, published on Wednesday by Heraldo de Aragón , since April 1983 Javier Checa has been in charge of attending to the affiliates and workers sent by said federation, as well as the union and collective interest matters of the organization in Aragon. The relationship was not formalized in writing and from that date the lawyer provided his professional services first for the Federation of Transportation, Communications and Sea, which was later renamed FCT and then the current FSC.
In 2013, the lawyer and the FSC signed a lease of professional services for external legal advice that expired in December 2018. Two months before, the union informed him through a burofax that terminated the relationship. Javier Checa then filed a lawsuit for unfair dismissal, since he understood that between both parties there was a relationship as a worker. The sentence has been known now.
CCOO endorsed flyer
In order to attend to the Czech affiliates, they had to previously demand the custom flyer signed by the worker and endorsed by the CCOO federation. In cases of collective or plural assistance, Javier Checa used to go well to a work center or to the federation offices , where he did not have any specific physical space for his work, although an office or a meeting room was provided . What he did have in the federation was an filing drawer in his name to collect and deliver the corresponding documentation and the lawyer came weekly to pick it up.
Czech should inform the FSC either verbally or in writing, deliver copies of sentences or agreements, as well as invoices issued to affiliates and return the flyers. Until 2013, their remuneration, if the result was favorable, consisted of a percentage of the amount received directly by worker.
In all cases, he had to give the federation 2% of the minutes when they were unaffiliated workers and 1% of those who were. If the result was unfavorable, the FSC paid him depending on the complexity of the matter. As of 2013, the situation changed and a fixed amount was established.
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