Post by account_disabled on Jan 18, 2024 10:47:52 GMT
Court (STS 832/2018) recalls that, faced with a negotiating blockage, the company cannot adopt the equality plan ignoring the agreement . The unilateral implementation of the plan is only appropriate when there are “exceptional circumstances” attributable exclusively to the counterparty, such as the counterparty's repeated refusal to negotiate . Sentence 403/2017 also points out the need to exhaust the possibilities of negotiation, resorting to extrajudicial means of solution or to the courts , demanding compliance with the duty to negotiate in good faith. It also points out that the negotiation is “transcendental and decisive in order to configure measures of all kinds that serve to achieve the objective of real equality between women and men inherent to the plan. Ruling 178/2023 thus insists that “ the difficulties in agreeing on the plan do not justify its approval outside the planned channel .”
In this case, however, the court appreciates that “very exceptional circumstances” exist. The content of the plan is adjusted to the law by the Administration, it lacks legal representatives of the workers in their workplaces and has atte Whatsapp Number List mpted to establish a negotiating commission, for a period of more than one year , with the most representative unions, without them having accessed it. “The company cannot be required to remove obstacles that it is not in its power to eliminate. "The company is defenseless to establish a negotiating commission." In these circumstances, the ruling states, “we find ourselves facing an exceptional situation, of negotiating blockade due to the absence of representative bodies of the workers.”
In this way, the Superior Court of Justice of Madrid upholds the claim and annuls the contested resolution of the Ministry of Labor and the one that confirmed the denial of registration of the equality plan of the plaintiff company.
In this case, however, the court appreciates that “very exceptional circumstances” exist. The content of the plan is adjusted to the law by the Administration, it lacks legal representatives of the workers in their workplaces and has atte Whatsapp Number List mpted to establish a negotiating commission, for a period of more than one year , with the most representative unions, without them having accessed it. “The company cannot be required to remove obstacles that it is not in its power to eliminate. "The company is defenseless to establish a negotiating commission." In these circumstances, the ruling states, “we find ourselves facing an exceptional situation, of negotiating blockade due to the absence of representative bodies of the workers.”
In this way, the Superior Court of Justice of Madrid upholds the claim and annuls the contested resolution of the Ministry of Labor and the one that confirmed the denial of registration of the equality plan of the plaintiff company.