In Valencia, the Labour Office discovered that 42 Amazon workers did not work for Amazon. The fine: 187,000 euros

The illegal transfer of employees is punishable by fines of up to 187,515 euros under the legislation

Amazon’s Picassent logistics centre in Valencia was visited by the Labour Inspectorate at the request of the Transport, Communication and Maritime Union (STCM) of the CGT. After analysing the documentation provided by the company, it found 42 employees who were being transferred to another company in an irregular manner, according to the CGT union.

The company founded by Jeff Bezos would be incurring in irregularities regarding illegal transfer of workers, equality plan, work schedule, vacations and determination of agreement

Same job, worse conditions

The 42 employees that the external recruitment company Jom Services had provided did not have the same working conditions as Amazon employees, performing the same work.

Article 43 of the Workers’ Statute does not allow companies to hire and pay employees to work for third parties. «The hiring of workers to temporarily transfer them to another company may only be carried out through temporary employment agencies duly authorized under the terms established by law.»

In this case, and according to article 43.2 of the Workers’ Statute, Jom Services would allegedly be acting as a «facilitator» of employees to Amazon, and it would be Amazon that would organize the workday of this group of workers, incurring in an illegal transfer.

“A company A gives workers to another company B, so that company A can carry out tasks that are the employer's own, that is, it does not organize its work, but B does, and in practice it is company B that gives the orders”

«Illegal transfer of workers, known as labour lending, is becoming a serious problem for workers,» says the CGT transport department.

Amazon would have direct powers to determine the position and working conditions of 42 employees subcontracted by the company Jom Services as if they were its own employees. However, the employees would be receiving a lower salary that does not comply with the agreement that regulates the logistics sector to which the company belongs.

The union denounces that this is a common practice in which, despite the sanctions imposed by the Labor Inspection, it is a beneficial operation for both companies. «In this way, Amazon does not assume legal responsibilities for the workers in matters such as labor claims, work accidents, sick leave or vacations,» the CGT assures in its statement.

High fines, but not enough

The various violations detected by the Labour Inspectorate at the Amazon logistics plant have resulted in a disciplinary procedure in which it is resolved that both Jom Services and Amazon have incurred in very serious labour violations, which carry a penalty of between 6,251 and 187,515 euros.

Union sources point out that «this is not an obstacle for Amazon» due to the company’s financial muscle. «They are dedicated to trying to destroy the work of the Labour Inspectorate by means of allegations against the violation. And if the corresponding Administration were to reject the causes that justify the appeal and confirm the sanction of the Labour Inspectorate to the company, they will file a claim in the Social Court, because they do not lack money and influence,» they lament in the statement of the CGT union that requested the inspection.