• Corruption The ERE's 'zero' intruder, on trial a decade later

  • Egmasa La Junta recruited people over 52 to take early retirement with public money

Little by little, the investigating judge of the ERE case is completing the investigation of the pieces detached from this macrocause of corruption and is putting, black on white, what the irregularities of the employment regulation files (ERE) financed with public money consisted by the previous Andalusian governments of the PSOE.

One of these pieces is the one referred to the aid of 1.5 million euros that the Andalusian Government paid in 2002, during the stage of Manuel Chaves as Andalusian president, for the

Siemens Metering

company to

make an ERE among its workforce that affected 36 workers.

Among the most striking conclusions of the judicial investigations, it is worth mentioning that nine workers who had not even reached the age of 50 when the ERE was approved in October 2002 were retired early. In addition, all of them benefited from early retirement insurance that guaranteed them

large monthly payments.

and even, in the event of death,

his heirs would continue to collect

rent.

Now, the investigating judge of the ERE case,

José Ignacio Vilaplana

, has prosecuted five people for these events, which could constitute alleged crimes of administrative prevarication and embezzlement of public funds, according to the order released this Thursday by the Superior Court of Justice of Andalusia (TSJA).

Among the five investigated in this separate piece of the ERE case are two responsible for the mediator Vitalia:

Antonio Albarracín

and

Jesús María Bordallo

; two managers of Siemens Metering: the Administrative and Financial Director Joaquín JD and the General Director Félix RP; and the union leader and

president of the works council

, Manuel MR. Likewise, the examiner agrees to continue the preliminary proceedings as an abbreviated procedure, as subsidiary civil liable, against the entities Siemens Metering and

Vitalia

.

Regarding the

nine workers

with less than 50 years of age when the ERE was signed, the judge specified that six of them were between 49 years old and close to 50 years of age. In the case of María G. Á ., at the time of approval of the ERE he was 48 years and 8 months old, although on the date set for the collection of the first monthly rent he had just turned 50 years old.

On the other hand, María del Carmen MN, aged 47 years and 5 months when the ERE was approved, was 49 years and 5 months old when she collected her first monthly rent. The most significant case is that of Manuel GC, a member of the works council who received his first monthly rent at 48 years and 9 months. This worker said in his judicial statement that he was forced to take advantage of the ERE, by the general director of the company, despite the fact that he

did not meet the requirements

for it.

To instrumentalize the illicit payment of aid for the ERE, Siemens Metering signed a

pre-retirement

income insurance policy

. Among the conditions stands out as "insured benefits" a "

deferred and constant

life annuity

", a "temporary income" for each of the insured, and another "temporary additional income" of variable amount to finance the special agreement with the Social Security of former workers from 55 years of age to 61 years of age.

In addition, if the worker included in the ERE died, "a temporary income will be paid to the

legal heirs

of the same, income that will be effective for months that have expired, in accordance with the amounts and duration established".

The average cost per insured person would amount to the sum of

123,993.38 euros

.

Opaque scales

The judge states in his order that the scales to quantify the economic amount of the aid, "still opaque, would have to be high and extensive, taking into account that the insured benefits guaranteed for

life

" income practically equivalent to the salary received by the employees before terminating their employment contract.

For the instructor, "in the entire administrative file" referring to the aid of 1.5 million from the Board for the ERE in Siemens "there is

no documentation

that reveals a minimum compliance with the requirements and budgets that regulate the granting of public aid or grants ".

Thus, the provision of public funds was made "without prior inspection" of the file and "

arbitrarily

, depriving other potential beneficiaries, not of being able to receive these amounts of public funds, but of being able to request them" and attend their concession, underlines the judicial order.

For the instructor, it is clear that the two Siemens managers and the president of the works council participated in the

"arbitrary and fraud mechanism"

for granting the aid, "being aware that the principles and procedure had been legally dispensed with. coming ". He remarks that "they did not comply with the legal requirements and requirements that they - in particular, the company that was benefiting from the aid -, at least, were entitled to obtain the graciously granted subsidies."

"Without the assistance of those

responsible for the unions

[the president of the works council], on behalf of the workers, and the company itself, the illicit aid that has been granted and paid to finance the agreements that has been granted would not have been granted or paid. , through negotiation and pressure measures and collective conflict, they managed to compromise those responsible for the Employment Department of the Andalusian Government ", says the judge.

For the instructor, "it is not relevant" that Siemens could be entitled to these grants, due to the crisis situation he was going through. First, because "such hypotheses would have to be tested" and, second, because it was a

"selective aid"

granted in an "arbitrary manner" in favor of a company, "for which reason it would be discriminating" against other companies and workers that "they could be in the same situation", but they did not agree to the irregular help of the Board.

The instructor explains that it is not possible to purge the possible criminal responsibility of the former Employment Counselors J

osé Antonio Viera

and

Antonio Fernández

and the former General Director of Labor and Social Security

Francisco Javier Guerrero

- now deceased -, since "they would have already been indicted" in the main piece of the ERE, in which the three were convicted, along with the former presidents of the Board Chaves and José Antonio Griñán, along with other former senior officials.

According to the criteria of The Trust Project

Know more

  • Social Security

  • Manuel Chaves placeholder image

  • PSOE

  • Justice

  • ERE case

  • Corruption

  • Andalusia

EREE case The judge holds UGT responsible for the management of the 'achiever' Juan Lanzas in an ERE of 6 million

CourtsThe 'zero' intruder of the ERE, on trial a decade later

EREL Case The Board recruited people over 52 to take early retirement with public money

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