Consecuencias de la comunicación por parte de la empresa del no llamamiento a determinados trabajadores fijos discontinuos como consecuencia de un descenso en la actividad

Abstract

The Ruling of the High Court of Justice of Castilla-León settles an appeal filed by an enterprise dedicated to the catering trade (licensee of the cafeteria and restaurant services in a General Police Training School) against the Ruling of the Social Court, in which the dismissal of a group of permanent seasonal workers, who had been given written notice that they would not be called in to work as a consequence of the reduction in activity experienced by the enterprise, was deemed unfair.

In short, one question of vital importance (and more so in today's climate of economic crisis) is whether a company’s obligation to call this kind of employee in to work and the correlative right of the worker to be called in imply that the employee has a right to be employed season after season, although the order established by the applicable collective agreement has to be respected, or whether, in contrast, they can be called in or not depending on the need for employees generated by the activity during each campaign or season without it being considered dismissal if they are not called in to work.