In a ruling dated September 22, the social court rejects the appeal of the steel company, and confirms that there was a fraud denounced by the unions.
The Supreme Court has ratified the nullity of the ERTE launched in May 2020 by ArcelorMittal, thus endorsing the decision of December of that year of the National Court that declared the employer’s decision null and it forced to restore the workers in the previous situation.
In a ruling dated September 22, the social court rejects the resource of the steel company, and confirms that there was a fraud denounced by the unions, since ArcelorMittal used the exceptional regulations implemented by the covid pandemic -19 to evade compliance with the guarantees agreed with the workers’ representatives.
“If it also turns out that the companies’ accounts are incomplete, and that the production crisis referred to in the technical report is not a consequence of the pandemic, but is already latent throughout the 2019 financial year, the defective compliance with the duties of information and documentation on the part of the company “, adds the sentence.
It has been shown, the Chamber continues, that the company submitted a ERTE due to force majeure related to covid-19 that was denied by the labor authority, and during the consultations the social representation was threatened with carrying out between 50 and 100 layoffs in case of no agreement reached.
From all this, it can be concluded that there was bad faith on the part of the employer during the negotiation, as the unions that denounced it claimed –ELA, LAB, UGT, CCOO and USO- and the Fiscal Ministry.
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