En este momento estás viendo The unfinished case

The unfinished case

The working weather is clear at dawn. A breeze cools the day. In the late afternoon, the atmosphere becomes more heated. «Early departure, abandonment of the guard, measures must be taken,» exclaims someone who has just arrived at the guard post in one of the large industries in the municipality of Ciro Redondo, in the province of Ciego de Avila.

There, as in other centres, many stumble over the same stone, but few talk about avoiding missteps. «Everything is fine», say the safety and security officers (ASP), who are used to working in some places without a guardhouse, toilet and other essential conditions to protect their health.

It is unusual that Oneida Vega Santo (on the left) is on duty in the multi-purpose unit of the hospital in the city of Morón, with a massive exodus of custodians in the municipality of Ciro Redondo where she lives, in the most tense period of passenger transport. Photo: José Luis Martínez Alejo

An exemplary case

Near position 3 of the bioelectric plant, belonging to the mixed company Biopower S.A., Oneida Vega Santo meets Fidel Hernández Castellanos, who, ready to take over, receives the walkie-talkie communication equipment and states: «Everything is in order».

On the other hand, Yamilia Brito Castellanos, the head of the objective, thinks that something is wrong and soon reports an indiscipline in the power plant’s guard service. Nor did the administration of the basic business unit (UEB) of Security and Protection (Seproc) in Morón, which provides this type of service to the aforementioned municipality, delay in registering the incident.

And quickly comes the sentence: the labour justice body (OJL) of Seproc ratifies the administrative measure of discount of 25% of the basic monthly salary and agrees to establish the rehabilitation stage for one year, taking for granted that Vega Santo leaves the position at 6:30 p.m., 10 minutes before the established time.

Order in the courtroom!

Oneida appeals. The lawyer representing her considers the sanction applied by the administrative management to be severe. The case went to court, during which the worker was not accompanied by the union, despite the CTC’s design of a working system for the attention and follow-up of each complaint.

During the verifications and at the hearing, the People’s Municipal Court (TMP) of Morón demonstrated that the security agent does not leave her work post, but hands over the walkie-talkie in a position next to her guard post, without any incident affecting the image of the bioelectric plant or the social mission of the UEB occurring.

In fact, «the worker’s file does not contain any corrections or deficient evaluations. If she had been reprimanded, the re-educational purpose would have been achieved, it is not fair to have deprived her of a percentage of her salary», reflects the TMP’s ruling.

Therefore, it is decided: To revoke the agreement of the OJL, to accept the claim of Oneida Vega, to apply a public reprimand to her «with the right to compensation for damages suffered», the document reflects.

Finally, justice unravels the tangled skein that has been tangled since December 2023. «When I complained because I could not rest as planned on 31 December and 1 January last year, I began to face a labour conflict», says Oneida and shows the slips of paper that she keeps as evidence of the assigned shifts, more at night than during the day, after her complaints.

In reality, the case remains inconclusive. The worker argues: «After the Court’s ruling, they only gave me back five hundred and some pesos corresponding to the fine of 25% of my salary, it seems that I am still not entitled to payment for the results of December, January and May, and to the profits for the first quarter of this year.

«When I asked the Human Resources colleague, she told me: ‘don’t keep complaining, the Tribunal just changed the measure, you are still sanctioned…’ until when?

It is true, the worker continues to be punished. After finishing her holidays, she was placed in the multi-purpose unit of the hospital in the city of Morón (she lives in the municipality of Ciro Redondo), in the most tense stage of passenger transport.

Judgment number 11 of 2024 in hand, Workers investigates why, if the indiscipline occurred in the bioelectric plant eight months ago, the sanctioned person cannot return to that centre and assume the public reprimand that has not yet been applied, but Seproc’s non-compliance persists.

Guillermo Alfaro Rodríguez, director of the UEB, considers that «this way I avoid a problem between the agent and the head of the target when they meet again in the workplace, I am acting consequently», and is this a humane way of proceeding?

Disobedience versus the law

The dispute in question is not the rule. The treatment of workers’ complaints, denunciations and claims in the debates of the current 22nd Congress of the CTC has become a recurrent theme.

At the Municipal Conferences, it comes to light that it is becoming a trend for the administrations to apply excessive disciplinary measures without the legal grounds to support them before the JLBs and the TMPs.

The problem is a long-standing one. For example, the report to the trade union conclave in 2019 corroborates that the main objective for attention related to the solution or response with clarity and speed that each case deserves is not resolved, and exemplifies: the average number of complaints handled per year exceeds 30 thousand, in the period 2014-2018; the most repeated are those of better law and economic content; in 61% of these the OJLs ratified the initial administrative decision.

Back to the fact of labour injustice, it is evident that the TMP of Morón dictates sentence on 24 May 2024. The attitude of the management of UEB Seproc, in violation of the law that protects and advocates for a fair, inclusive and respectful working environment, remains inconclusive for obedience.

Lack of protection

«I do not authorise you to record nor can I show you documents, write down what is necessary,» begins the dialogue with Guillermo Alfaro Rodríguez, director of the UEB Seproc in the Avileño municipality of Morón.

«Why is there a massive exodus of guards in the municipality of Ciro Redondo, for different reasons? Last year there were 81 casualties and today we only have our own personnel in the bioelectric plant.

«We temporarily closed the positions of the other entities due to lack of guardhouses, lighting and toilets; non-payment for services rendered; requests for sick leave, improvement of salary and other reasons».

Vigilante groups were formed in more than 10 centres in disagreement with Seproc’s services, according to their managers. In the meantime, it became evident that several of the entities that had their personnel withdrawn have the necessary conditions for security and protection.

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