A prisoner irregularly dismissed from his job within the prison is also entitled to compensation. This has been established by the Supreme Court in a pioneering ruling in which it agrees with a Seville prisoner who was fired after two years working in the prison kitchens. His dismissal was annulled and now judges recognize for the first time that, in these cases, a prisoner has the right to be compensated like any other irregularly dismissed worker.
The sentence, to which elDiario.es has had access, explains that the prisoner who has taken his case to the Supreme Court was serving his sentence in Andalusia and began working in the kitchens, as an assistant, in the summer of 2017. Three and a half hours per day, a maximum of five days a week and with a salary of 11.02 euros for each day worked.
The dismissal by Penitentiary Work, an organization dependent on the Ministry of the Interior, came in 2019, when a report from two prison officials stated that their work attitude was “negative” regarding their duties in the kitchens “ignoring the orders given to him” as well as having a “tense” relationship with his colleagues, “harming the proper functioning of the department.”
The prisoner appealed and a Seville social court agreed with him, declaring his dismissal irregular and also recognizing his right to be compensated with 6,012.93 euros. An aspect that, until now, the Supreme Court had not made clear in two decades of rulings on the subject: what labor rights prisoners who work in prisons have and whether compensation of this type is part of them.
The Superior Court of Justice of Andalusia annulled this amount and now it has been the Supreme Court that has established its jurisprudence on this matter, specifying that an inmate who works in prison does have the right to this type of financial compensation if his dismissal is declared irregular. by a court.
The Supreme Court explains in its ruling that it has studied up to nine similar cases in the last 23 years – such as that of this compensated prisoner from Murcia – but that none met the necessary requirements to form a jurisprudence that would mark the path to the claims of other inmates dismissed irregularly. “Until now it cannot be considered that we have resolved the question referred to us,” the judges acknowledge.
Credit: https://www.eldiario.es/economia/supremo-reconoce-indemnizacion-presos-despedidosforma-irregular-trabajos-carcel_1_10583787.html
