Updated on Tuesday, September 14, 2021 – 11:49
The National Court applies a ruling from the Supreme Court that prohibits contracting for work and services in the sector.
Telemarketers of a financial institution.
More than 40,000 workers of the ‘contact center’ sector could have Indefinite contract after the Social Chamber of the National Court has decided to apply a judgment of the Supreme Court and adapt the agreement to European regulations, which would imply prohibiting the contracting of works and services in the sector.
The Supreme Court considered then that “those who offer services to third parties develop their essential activity through contracting with them and, therefore, it is illogical to maintain that the bulk of that activity has the exceptional character to which the contract for work or service must attend “.
The ‘contact center’ is the department of the company that manages the relationship with customers. It was established in large companies, which could afford this expense, but its development in business management has caused many small and medium-sized companies to They will subcontract this service to specialized companies. The telemarketers of these companies are the main beneficiaries of the judgment of the National Court.
The judicial decision, against which there is still an appeal, comes after the denunciation of unions such as CGT, CCOO and UGT and invalidates article 14.b of the collective agreement that regulated this type of hiring, since jurisprudence indicates that work in the sector is usually temporary and, therefore, cannot depart from the ordinary framework of labor relations .
In this way, the Hearing considers the demands made by CCOO and CGT and annuls and renders without effect article 14 b) of the II Collective Agreement of the Contact Center Sector, signed by the Spanish Contact Center Association (ACE) and by the unions CC.OO and UGT in the following paragraph: “For such purposes it is understood that they haveown agency all contracted campaigns or services by a third party to carry out ‘contact center’ activities or functions whose execution in time is, in principle, of uncertain duration, and whose maintenance remains until the end of the campaign or fulfillment of the service object of the contract “.
CCOO has indicated in a statement that it values the performance of the court and has called on the employers to “come to their senses” and ‘understand’ that “the maintenance of the sector involves giving employment stability “.
For its part, CGT has called the sentence “historic” and has assured that “to continue fighting for the fundamental rights of workers in the ‘contact center'”.
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