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Air Europa fined two million for fraudulently hiring 138 hostesses

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Air Europa fined two million for fraudulently hiring 138 hostesses

Air Europa fined two million for fraudulently hiring 138 hostesses

Air Europa signed crew members from Uruguay, Peru and the Dominican Republic without work permits.

Spanish company Air Europa fined two million euros for employing non EU cabin crew that didn’t have residencias or work permits.
(Non EU are not permitted to work in Schengen area without them)

Story source – www.diariodemallorca.es – Original article written in Spanish and translated into English so some information may be lost in translation

The administrative litigation room of the Balearic High Court of Justice (TSJB) has ratified the fine of almost two million euros that the government delegation in Palma imposed, in June 2016, on the airline Air Europa for fraudulently hiring to 138 non-EU cabin crew for their flights between Madrid and Latin America.

The company based in Llucmajor provided training to new staff and gave them work on the routes linking Madrid with these countries. The Labor Inspection in the Balearic Islands opened an investigation and after several months of tug-of-war with the company, which did not agree to provide documentation on these employees, asked the government delegation to sanction the company for a very serious infringement of the rights from the workers.

Air Europa defended itself against the allegations by assuring that the hostesses were hired in their respective countries, according to their own legislation and registered in the Social Security systems of their nations.

The ruling, however, stresses that no evidence has been provided of these discharges in the Social Securities of Peru, Uruguay and the Dominican Republic, while it has been proven that the 138 crew members were not listed in Spain. The judges also emphasize that these extra-community cabin crew lacked work and residence permits in Spain, two essential conditions for them to have been able to fly on those routes.

Spanish aircraft

The ruling states that the pilots of the aircraft were registered in the Spanish Social Security and were the heads of the cabin crew. The aircraft was also considered national territory and the company lacked bases in Peru, Uruguay and the Dominican Republic.

The amount to which the airline has been sanctioned amounts to 1,380 million euros for the fine and 0,535 million for the installments not accrued to the Social Security.

The State Lawyers, represented by Ana Marín Sanromán, argued that the airline had used a rule in fraud of law, “since through work contracts with simulated content is to subtract from Spanish legislation on immigration and of Social Security, to the detriment of foreign workers, depriving them of their rights established by peremptory norms “.

The company questioned the validity as proof of the reports of the labor inspection, an objection rejected outright by the Superior Court of Justice.

This article shows the importance of having the correct paperwork to legally work here in Spain, full details of all relevant paperwork required can be found HERE

 

 

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