Third defeat for former temporary workers who claim stabilization after being accused by the Labor Inspectorate. The judges agree with the company
Another defeat. The third, for i 180 former Amazon warehouse workers who moved against the e-commerce giant to be recognized as a permanent contract, after theLabor Inspectorate accused the company of having the number of supply contracts has been broken between July and December of 2017 in the deposit of Castel San Giovanni, in the province of Piacenza. Even the appeal of one of the 30 employees assisted by the lawyer Annarita Bove on behalf of the UGL Piacenza was not successful. "Inadmissible", This is the verdict of the Labor Court of the Emilian city.
The first round of the legal battle is gone all for the benefit of Amazon. Neither the judges of Milan nor the colleagues of Piacenza (the two cities where the first appeals were lodged) accepted the workers' reasons. Trade unions – Filcams Cgil, Fisascat Uil, Uiltucs Uil and Ugl Terziario – and their lawyers have announced their intention to appeal, but the road is uphill.
The time factor
The reason is soon said: i times. The terms for claiming stabilization have expired for the judges. The facts date back to the second half of 2017. According to the results of the Labor Inspectorate, between August and December, when the hottest dates of the year, such as Black Friday and Christmas, flash on the ecommerce platform, Amazon enlisted 1,308 temporary workers, about a third of the 444 to whom he would have been entitled in relation to permanent employees. The data, however, is made known only in June 2018. When the Inspectorate also leaves letters that expose workers the right to challenge the contract to obtain one for an indefinite period.
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Amazon has always defended itself by claiming that it never exceeded the quota of 28% of temporary workers over those six months, while for the unions there were overruns. Even, three months after the Inspectorate's communication, in a parliamentary question the then undersecretary at the Ministry of Labor, Claudio Cominardi, touch up the number up: 1,951, due to a recalculation. But for judges the key factor is that of time. The law gives 60 days to find a mediation and, if it fails, 180 to appeal. But since the closure of the contract, which is why the workers' appeals are being sent back to the senders.
Match on appeal
The lawyers have always appealed to the fact that the former warehouse workers could not have made the first appeal, because, up to the note of the Inspectorate, they were not aware of the overrun. The lawyer Bove has even called into question the Constitutional Court, asking the Piacenza judge to postpone the game to the Consulta to establish a criterion on the legitimacy of the appeal. But even this road was barred, in fact the worker found herself having to pay legal fees (a charge made up by the Milan court). Workers' initials weigh the possibility of appealing. So far, however, the wind is blowing in the opposite direction.
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https://www.wired.it/economia/lavoro/2019/11/15/amazon-contratto-interinali/
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