The Social Chamber of the Supreme Court has ended the labor dispute between Cruz Roja Las Palmas employees and the organization, concluding that it is not permissible to consolidate advantages from the old provincial agreement after the entry into force of the state-wide one. The decision prevents the company from making a partial selection of benefits from different regulations.
The controversy affected 300 social intervention employees, out of a total workforce of around 500 people. The Superior Court of Justice of the Canary Islands (TSJC) had initially recognized the right of employees with seniority prior to October 28, 2022, to enjoy rights from the Las Palmas agreement (2017-2020), such as five personal days, two days for change of address, and two additional paid weeks for maternity leave. It also included an assistance allowance for disabled children, a death or disability social benefit of 30,000 euros, and a social action fund.
The Supreme Court's ruling, issued on September 12, 2024, partially upheld the company committee's claim but overturned the right of workers not assigned to beach surveillance, rescue, and lifeguarding services to have the provincial agreement applied to them and to receive salary differences.
The company appealed to the Supreme Court, arguing that the original agreement must lapse with the entry of the new one and that the TSJC ruling promoted 'espigueo' (gleaning), a practice of partial selection of benefits. Cruz Roja maintained that the new regulations already improved conditions.
The company committee argued that benefits can be individually consolidated if the lower agreement loses validity and its conditions are more favorable. However, the High Court rules that the agreement that succeeds a previous one repeals it in its entirety, except for aspects expressly maintained, and warns that the application of the most favorable rule must respect the unity of regulation.
The ruling also considers the entry into force date of the state-wide agreement (October 2022) and its Article 90, which addresses employees on the payroll at that time, recognizing the maintenance of certain 'more beneficial' conditions for those already providing services to Cruz Roja as social intervention personnel prior to that date. With this decision, the Supreme Court dismisses the collective dispute claim by UGT-Canarias, nullifying the judicial recognition of labor benefits.
