Employees of outsourced companies have the same conditions as the employees of the primary company.

Justice recognises the right of workers in outsourced logistics companies to the same working conditions as the employees of the primary company in which they carry out their activity.

The case

The Social Court number 2 in Guadalajara handed down a judgement on 16 May. This has significant implications for workers throughout Spain who find themselves in outsourced companies in this sector with conditions that are inferior to those to which they are entitled.

Specifically, this court ruling has been handed down against the company, which had been applying its own collective agreement to its workers with worse working conditions than those of the logistics operators sector, with an annual wage difference of almost 7,000 euros. Now, however, thanks to this ruling, between 6,000 and 8,000 workers in Guadalajara alone will be able to receive a wage increase of 6,800 euros per worker.

The ruling comes as a result of a lawsuit filed by the trade union UGT.

The defendant company has contracted the services of the main activity of the logistics operator with three companies in the province of Guadalajara, such as the handling of products for transport and distribution, carrying out the functions in the chain contracted by the main employer.

These companies, under the guise of multiservices, carry out the functions of the main operator within their process, but their workers as a whole receive lower salaries and often have longer working hours than those of the agreement, so that with the same cost as the main operator, the subcontractor obtains benefits by paying less to the workers and paying less to the Social Security.

Moreover, the company agreement does not have priority of application. The Social Court number 2 of Guadalajara has upheld the claim, agreeing with the union and declaring that the sector’s wage agreement must be applied. However, the judgement is not final and can be appealed against.

If you have any doubts regarding this issue, please do not hesitate to contact us, by telephone to Úrsula Olivares Lamela or by e-mail to uol@btsasociados.com, we will be delighted to help you.