The Regional Ministry of Tourism and Employment, via its Labour Promotion Service and following an investigation by the Labour and Social Security Inspection, has imposed a fine on the City of Arona for violating employment regulations concerning a participant in an employment programme. Although the penalty is relatively minor (751 euros), the socialist opposition is concerned that this issue could extend to other participants in the programme and views it as yet another demonstration of the “disruption” in local governance during this term, now exacerbated by the alliance between PP, CC, and Vox.
The fine was received by the Human Resources Service and was registered on August 1, 2024. The Labour Inspection conducted the appropriate inquiries starting February 8 of the previous year following a work-related accident involving an employee who served as a cleaning staff member engaged through the initiative to promote training and employment in the City of Arona for 2023-24, after a decision for their inclusion made on November 17, 2023.
This incident transpired in January 2024, and the inspection revealed that the work schedule for the training and employment programme was not being adhered to. The only documentation provided was an attendance control document for that month, “which the company had completed with various headings”, since it was “a spreadsheet with a list of all employees. For each day, there is a box where letters are written to indicate justified absence, unexcused absence (missing medical note), vacation, early departure, or late arrival), with no signatures from the workers, and lacking working hours (entry and exit times), which contravenes the stipulations of Article 34.9 of the ET.” This is stated in the document regarding the penalty, which this newspaper has accessed.
On February 9, 2024, and following a request to the Arona Corporation, the City Council sent on February 14 the request for a medical assessment to Quirón Spa Prevention (a private health centre) along with an Excel document containing a calendar with 200 appointments. On February 20, the registration of the PPE provided for the injured party was confirmed, which was overdue, alongside the delivery of the safety footwear by the supplier, which is dated November 14, 2023.
Labour Violation
Nevertheless, the inspection has determined that these circumstances “constitute a violation of labour laws as per Article 5.1 of the Legislative Royal Decree 5/2000, dated August 4, which ratifies the consolidated text of the Law of Infractions and Sanctions in the Social Order (hereinafter Trlisos); having found that the City Council (….) exhibited shortcomings in the full-time records of personnel assigned” to this training and employment initiative. It has been confirmed that “the obligation to record daily and individually the hours of said employees was not fulfilled, which means a breach of the provisions of Article 34.9 of Royal Legislative Decree 2/2015, dated October 23, which approves the consolidated text of the Workers’ Statute.”
Socialists are apprehensive that this sanction might be replicated if other participants file complaints and that similar issues could arise within other programmes or departments of the City Council. The inspection highlights that the City Council, like any organisation, must ensure daily recording of work hours, including specific start and end times for each worker, “without prejudice to the flexibility in hours established in this article.” Moreover, it asserts that this recording must be collectively negotiated or discussed with workers’ representatives to organise and document the working hours, retaining these records for four years, which has not been done in this instance.
The penalty, established on December 18, 2024, is regarded as “serious”, although the amount remains confined to 751 euros for the commission of an administrative breach in labour relations. However, the documentation regarding the infraction was communicated to the City Council on July 16, with the opportunity to submit objections within 15 days, which it did not utilise, although it later had the chance to file an appeal, and was provided with a month for this purpose. Furthermore, the sanctioning file’s text notes that the “Mayor holds the Higher Authority over all personnel, by virtue of the powers conferred in Article 21.h) of Law 7/1985, dated April 2, regulating the local regime bases”, although this responsibility was delegated to the deputy mayor for the area of human resources, heritage, and transport, Devi Pereyra Kroll, from September 30, 2024.
The Canary Islands has now requested the Arona Government for its account of the situation since last Friday, February 28, although a response has not yet been provided.
