EUPillar Foreign Affairs Spanish Ministry (2014). Roj: STSJ M 6020/2014

Summary

The matter of the following case is a labour dispute iniciated by a series of employees (local workers) that habitually carried out their work at the Spanish General Consulate and Embassy in Rome who are dismissed by their employer. Key facts: The workers claim for their right to receive a compensation of 6.50 € per day (meal tickets) guaranteed by the local labour legislation (Italian law). A first instance Spanish court decided that even if Italian law was applicable to the case, according to the Italian civil code, the plaintiffs’ right to claim for compensation had been extinguish by the passing of time. The workers appeal. Court decision: the appeal is accepted by the court. Firstly, the court considered it proved that according to art. 8 of Rome I Regulation the law applicable to the case was the Italian law and not the Spanish one. Secondly, the court noticed that the Italian civil code provision on the prescription of rights was declared unconstitutional by Italian courts. As a consequence, Italian labour provisions on compensation must be taken into consideration and are applicable to the case. The court applies efficently the uniform rules of Rome I Regulation on the law applicable to individual employment contracts. Appeal history (not included in the database): Court decision: Juzgado de lo Social nº 33 de Madrid 1121/2013, num. 548/2014. Spain. (first instance) Date: 04-12-2013