As an unwilling veteran of the war in former Yugoslavia, Emil is naturally cautious about making enemies with anyone in authority. “His brother is an important man in the Partido Popular, and their grandfather was a president of the Generalitat or something like that. That’s why this guy was able to pay all these people in black, because he has a very ‘fat’ background.”
The owner, like many proprietors in Barcelona, was counting on the general apathy of workers who are averse toward pursuing legal means in claiming their rights. “There were Argentines, Spanish, Croatian, Colombian, Irish, all different countries and most of us didn’t know anything about the law here. But these Catalan guys knew something and said that it couldn’t be like that—he had to pay us a finiquito [severance pay] and some months. We told the owner that if he didn’t do that, we would take some measures. He didn’t listen, so we found a lawyer, Francisca Ramos González.”
Ramos took their case without charging any money up front. Within weeks, the litigants attended Servicio de Mediación, Arbitraje y Conciliación (arbitration), and a settlement of €27,000 was made immediately. Ramos convinced the proprietor and his lawyer that if the case went to Social Court, he could end up paying three or four times that amount in fines and Social Security benefits.
Ramos defends her clients with a passion, said Emil. “She’s really fantastic. When you have her on your side, you really feel like you have a champion.” But not all labour lawyers are alike, and it can be very difficult to find someone of her calibre. Many will not take a case without a deposit up front, though most of them will take a percentage of the settlement.
Alternatively, a fired worker can find help through organisations like Commissiones Obreros (CCOO) and the Union General de Trabajadores (UGT). These are the two largest Spanish trade unions and they have fought for decades to ease the transition from employed to unemployed to re-employed. They offer advice for a nominal fee to non-union members, while members receive this support free of charge. Eugeni Fernandez, a lawyer with CCOO, advised, “Don’t sign anything until you’ve spoken to a union or a lawyer. If your employer pressures you, then write ‘Recibí y no conforme [Received and not agreed].’” The Gabinete Juridico at CCOO is available for any worker in need.
Latest Comments