“It is about valuing our work for what it’s price, there are numerous issues that rely on us and our wage has not been ample for the obligations that we assumed in 2009, which had been many,” displays Carmen Castellano from her workplace in courtroom No. 40 of the Social of Madrid. A lawyer for the Administration of Justice for 14 years, she is a type of who has adopted the strike that started on January 24, though this Tuesday she has joined work, exceptionally, in an effort to publicize the day-to-day lifetime of a Lawyer of the Administration of Justice.
NIUS accompanies her on this journey that begins at 8:00 o’clock. On the desk, the folders of the seven trials scheduled for the day await him -the events have annulled one other seven-; 100 signatures to be issued electronically; about twenty emails; and two laptop screens to handle a number of functions on the similar time. What is piled up within the workplaces of this constructing, subsequent to Madrid’s Plaza de España, are the conflicts between firms and staff, or with the administration.
In this state of affairs, Carmen will get to work with the agenda, one in every of her obligations. She divides the work among the many seven courtroom officers who is not going to cease going out and in of her workplace all morning. Some carry recordsdata to him; others ask you to evaluation a paper; one other enters to ship a last-minute demand: it’s a case through which a violation of basic rights is denounced and that provides a request for precautionary measures.
Enter the calls for
Carmen must give an outlet to that demand on Tuesday as a result of, being a violation of basic rights, “it’s a part of the minimal companies” indicated by the Ministry of Pilar Llop. The very first thing she is going to do, when she has a second, will probably be to see that she is formally appropriate, then she is going to search for a spot within the agenda to set a trial date and at last she is going to switch it to the officers in order that they’ll course of it and summon the events. .
Admitting claims is one in every of his key jobs. The LAJ confirm that each one the necessities are met and evaluation if any distinctive state of affairs arises. For instance, within the violation of basic rights, the request for precautionary measures leads you to debate it with the decide. So earlier than processing it, they evaluation the state of affairs collectively. Afterwards, it’s handed over to the official in order that she will put it into operation urgently.
accountability
That dialog with the decide is a “dation of account”, that’s, informing her of some key subject in a file. Carmen explains to us that she delegates a few of these conversations to her officers and that, relying on the case, she tells them to talk immediately with the decide, one thing that additionally occurs on this chilly Tuesday morning.
Between procedures of this sort, the signatures on the pc and the readings of the paper, Carmen is receiving information: “The first have reconciled,” an official from her group publicizes to her. Together they evaluation the earlier settlement that the employee and the corporate have reached by themselves, with out the necessity to communicate with the Justice Administration Lawyer or the decide. And as soon as seen, the document is generated for its signature and backbone of the battle.
certificates
But there’s extra. The first time that the decide, a substitute within the courtroom, passes by his workplace is to say howdy, but in addition to ask him to signal a certificates that he’s complying with the substitution and has joined the place: “That’s all”, they remark the 2, whereas trying on the papers, resigned by the forms that additionally impacts them. To verify that “that is how it’s”, one other decide enters shortly after, who beforehand went by that very same courtroom and desires the identical certificates. “We’re not HR managers,” Carmen feedback as she points the paperwork.
Meanwhile, Carmen desperately appears at her cellphone. It’s half previous eleven and so they have not been notified of the minimal companies for the subsequent few days, so she nonetheless does not know what day she must work that week, if she does. He is in these when the information of the second process of the day arrives: “The seconds have additionally reconciled,” says one other official. It is, once more, an settlement between the legal professionals of the 2 events made in the identical hall of the courts.
Pretrial Settlements
But not the whole lot is identical. The morning advances and “the third events” arrive. He catches her in the course of her sandwich, which he has to half save to take care of the matter. This is a employee who has sued his firm for imposing a light-weight penalty. It is an easy reprimand (a written reprimand), however there isn’t any prior settlement. So Carmen enters the listening to room to talk together with her legal professionals and tries to persuade them to succeed in an settlement. On the one hand, the corporate considers that the reprimand is already the lightest penalty and doesn’t need to let it go; On his half, the employee rejects the accusations of his employers. So in the long run, the decide has to intervene and maintain a trial to pay attention, not solely to the events, however to the witnesses within the case, earlier than deciding who is true.
The failed mediation try, Carmen does it with a toga. She makes use of it in these circumstances to print a sure authority that helps the conciliation between the events to prosper, though on this case, she has not served.
the strike
At 1:10 p.m., two items of reports arrive: one from the Ministry of Justice, the place they’ve simply taken a break from negotiations; the opposite, the minimal companies. Carmen must return to work on Thursday: “They promised us one thing, and so they should fulfill it. I all the time say that it’s best to by no means promise what can’t be fulfilled,” she exclaims, referring to the settlement that Justice and the LAJ reached a number of years in the past. months. This lawyer regrets that Pilar Llop is “placing herself in profile” as an alternative of putting herself “in entrance of the negotiation” to carry the talks to a superb finish.
There is not even time for espresso this morning. But in a second of respite, Carmen and her associate from the closest courtroom remark that the LAJ are “the nice unknowns of Justice”, however they insist that “they do many issues”.
For instance, they’re the guardians of the recordsdata: “If a doc is misplaced, it’s my duty,” he tells us. And one other, nothing much less, that of protecting the courtroom account, now paralyzed in his and with 600,000 euros frozen.
But if there’s a basic operate, it’s “public religion”. “It is the primary assure of the residents”, Carmen repeats a number of instances, explaining that her presence in a trial, or in a press release serves to confirm that this act has existed.
It is true that now they now not should enter the room as a result of the periods are recorded, however they nonetheless should signal the recording of the occasion held, as a result of that’s a part of their obligations. If your signature just isn’t there, the whole lot will be annulled in line with article 146 of the Civil Procedure Law.
Precisely through the morning, an order arrives from a decide from León, who has determined to carry hearings with out the presence of the LAJ. The decision goes viral amongst judges and legal professionals. The proposal from León requires that the legal professionals signal later, once they be part of after the strike. With a nervous expression, Carmen reads the automobile and feedback that they’re “bypassing the strike.”
distinctive state of affairs
This Tuesday, two of the trials are suspended as a result of the “actors haven’t appeared.” Normally, the case could be deserted, however Carmen asks her officers to name the legal professionals to ask if they’re on their manner or if there’s a downside, as a result of the strike has generated an “distinctive state of affairs.”
For a few weeks, and following a suggestion from the strike committee, the legal professionals have begun to report the suspensions, have fun weddings and pay alimony. But there’s some huge cash within the consignment accounts that’s blocked as a result of it’s used for different issues. Carmen explains to us that within the account for which she is accountable there are some 600,000 euros paralyzed. It is cash that must be paid to staff or firms and that’s there, paid by the debtor, however withheld.
And that cash will proceed to extend for the second, as a result of the strike continues for the second. If the LAJ reached their wage calls for, it might imply as much as 500 euros extra for her, however that in the very best of circumstances for them. In addition, as a result of progress of the negotiations it appears tough: “This strike is inflicting a major paralysis, however the pandemic additionally brought about it and we bought up. Now we’ll do it too,” he says whereas ordering the embargo to be lifted on an organization that has paid two instances compensation for error.
NIUS’s day in Carmen’s workplace ends round two-thirty within the afternoon, together with her about to go away the doorways of the Ministry to wrap up her colleagues from the strike committee who had been nonetheless assembly at the moment.
The assembly really lasted little or no longer. At 4 within the afternoon, the events left the desk, once more with out an settlement, one month and 4 days after the beginning of the strike.