AJuzgado de lo Social n de Barcelona Labor Disputes Court in Barcelona Spain to establish that there is an employment contract between him and Sapirod and that therefore his dismissal was unfair . In addition to formulating this request he also sued TNT for the illegal provision of workers and therefore requested the joint and several liability of these two companies . In support of his action Mr. Prez Retamero showed that all the criteria or elements that characterize an employment relationship were present in the case subordination work performed on behalf of a third party and inclusion in the organizational.
Structure of a company so that in the case in question it Country Email List had to an employment contract . The objective exclusion provided for in art. para. lit. g from the Workers Statute would be contrary to Directive so that he cannot be qualified as an independent driver in the sense of art. lit. e from the directive. Before the referring court Sapirod showed among other things that there is no contradiction between art. para. lit. g from the Workers Statute and art. from.
Directive since in these two provisions the possession of a license or an administrative authorization that allows the provision of road transport services would constitute the decisive criterion that excludes the existence of a relationship of the work. The circumstance that the said provision of Union law does not expressly refer to the fact that the interested person must be the owner of the vehicle or have a right of disposal over it would be irrelevant. Before the referring court TNT showed among other things that from recital of Directive it appears that it must not exceed what is necessary to achieve the objectives provided for in art. and that this directive does not constitute therefore a.
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