He also wants to know if it coincides with the Ministry's Instruction that "prevents" the LAJ from enjoying vacations during the strike
MADRID, 4 Feb. (EUROPA PRESS) -
Ciudadanos has asked the Government of Pedro Sánchez "how the Ministry of Justice intends to solve" the conflict that it maintains with the Administration Lawyers (LAJ), who on January 24 began an indefinite strike to demand a salary improvement equivalent to the increase in the workload they suffered years ago without being compensated then.
This is stated in a parliamentary question that the 'orange' formation has registered before the Congress of Deputies in which, in addition, it refers to the Instruction issued on January 31 by the General Secretary for Justice Innovation, Manuel Olmedo, regarding to the substitution regime during the break.
The deputy spokesman for the Parliamentary Group, Edmundo Bal, has assured that the Instruction in question "limits vacations and days for own business only for exceptional cases in 2023." As he has stressed, the "obligation imposed by the Ministry" means that "the LAJ will not be able (...) to take days off or vacations while the strike lasts."
Consequently, Bal has asked the Executive if he agrees with this criterion of Justice that, in his opinion, "prevents the LAJ from enjoying vacations and days of personal affairs." And he added: "Do you consider that said Instruction could violate the rights related to the enjoyment of vacations by the body of lawyers and the right to strike provided for in article 28 of the Constitution?"
In the instruction, to which Europa Press has had access, the Secretary General for Justice Innovation, Manuel Olmedo, explains that the strike call "has overlapped with the last days of the period in which vacation days and private matters can be enjoyed corresponding to the year 2022". And he points out that "given the uncertainty about the duration of the strike" it must be guaranteed that the right to enjoy said permits "is compatible with the exercise of the right to strike and the proper organization of the substitutions from."
Thus, the secretary assures that "additional criteria must be established" to those set out in the Instruction that determines how to cover the positions of court clerks through the substitution mechanism, "as well as the system of calling and appointing substitutes in any of the modalities provided for in the organic regulations, with regard to the regime of substitutions".
Olmedo agrees that "the enjoyment of vacation days or private matters corresponding to the year 2023 will not be authorized to the lawyers of the Administration of Justice on days when they must attend to signals." According to him, "exceptionally" they may be granted "when there are duly justified personal circumstances, such as those related to reconciling work and family life, or making trips paid for prior to the issuance of this letter."
Within the framework of the instruction, it also establishes how the substitution regime will be when a lawyer enjoys a permit or license. The substitution will fall on the lawyers --designated or not as minimum services-- who do not exercise their right to strike and who "voluntarily" assume it or, failing that, on those who are not on strike and who in turn corresponds. "These substitutions will be subject to remuneration in accordance with the specific action plan."
The LAJ strike committee has already filed a contentious-administrative appeal before the Superior Court of Justice of Madrid against this Justice Instruction. They have denounced a "violation of the fundamental right to strike" which, as they have defended, is "the only tool that workers have to defend themselves against their employer."