Success stories
Audiovisual production company sued for illegal transfer of workers to a public television station
OBJECTIVE
- The applicants sought a declaration of illegal assignment of labour under their employment contracts on the grounds that the work subcontracted by the television company to the production company went beyond the legally permitted system of subcontracting of services.
- The aim was the total dismissal of the lawsuit filed against the employing production company, our client, and, consequently, to declare the situation of subcontracting of services with the television company valid, without considering the existence of illegal assignment of workers.
METHOD
- An exhaustive analysis was made of the services contract formalized between the parties, analysing the specific material and human resources that were put into play by the production company for the provision of services.
- A wide range of documents was compiled, in which all the services provided by the production company at a national and international level were described, specifying the numerous work teams, infrastructure, logistic means and materials provided.
- The aim was to prove that it was not just a matter of making workers available, but that the production company had a real infrastructure and extensive material resources, which were made available to the subcontracted service. During the trial, different employees and witnesses testified to explain the complex and specific activity carried out by the production company, providing all kinds of details regarding the development of the employees’ work, the means provided, etc.
RESULT
- The sentence was dismissed, and the non-existence of an illegal cession of labour was declared, absolving our client and the television company.
- The sentence dictated by the Social Court was later confirmed by the corresponding High Court of Justice, whose sentence became final.
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