Every year the Three Kings travel thousands of kilometers from the Far East to leave under the tree the gifts longed for by those who have behaved well. The route that Their Majesties follow, however, is inscrutable. So much so that on some occasions the star has taken them directly to court or they have ended up delivering coal, but not necessarily due to a bad attitude on the part of the recipients, but rather due to ignorance.
In fact, not knowing the name of Their Majesties has been one of the reasons why the courts have denied Spanish nationality. Although it may seem irrelevant, he has considered it an indication when appreciating that a person is not sufficiently rooted in society. This is how it has been understood, for example, by the National audience in numerous sentences, as in the case of a Chilean citizen, who, despite knowing our language, did not know the name of Melchor, Gaspar and Baltasar. He also did not know what currency was used before the euro or the name of any famous building in Spain, among other things. “There is not enough evidence to demonstrate this integration derived from its adaptation to Spanish customs and the values on which coexistence in Spain is based,” ruled the Contentious-Administrative Chamber in a sentence in 2017. It did the same, for For example, with another person from Pakistan, who, in addition to not knowing when the Three Kings’ Day is, was unaware of the age to come of age or that the form of government in Spain is the parliamentary monarchy.
Other times, the Three Wise Men have helped consolidate the employment relationship of those who only work at certain times of the year that are repeated cyclically, such as those who collect the remains of confetti or candies left by the floats every January 5th or in summer. In this way, the social jurisdiction has recognized in different judgments the cleaning staff with temporary contracts, which are those that comply with circumstantial market demands, their status as permanent discontinuous workers, the situation of those who carry out an activity that takes place in certain months. of the year. Specifically, the judges have ruled that hiring these professionals responds to a permanent and structural need of the company.
Employment contracts
In this sense, a judgment of the Supreme Court of last year stands out, which considered that the non-calling of a worker was equivalent to a Unfair dismissal. As in many other cases, the plaintiff had signed different contracts to perform the functions of a cleaning laborer during the summer, the Christmas campaign and the Three Kings parade. Not having been called to replace workers during the holidays, he filed a dismissal claim. “It was an intermittent need, in separate but repeated time intervals over time and endowed with a certain homogeneity, so the nature of the plaintiff’s employment relationship was indefinite, not fixed, discontinuous,” the high court argued in this case. .
On other occasions, some companies have also been seen with the wizards of the East, especially in cases of business succession, which occurs when a company changes ownership, either by purchase, absorption or merger, continuing with its activity. Not in vain, there are some traditions that have been consolidated as working conditions that cannot be unilaterally modified, such as the gift of Three Wise Men, childcare or training aid for the children of employees. This was established, for example, by the Superior Court of Justice of the Valencian Community in 2015 by ordering the maintenance of the rights of a worker from Bankia after the transfer. In this case, it ruled that the labor conditions imposed as a result of the succession, which eliminated previous benefits, were due to legal fraud.
candy punches
In the practice of the courts, more tragic cases also stand out, such as the one that occurred in the Seville town of Mairena del Alcor when a citizen lost an eye due to injuries caused by a yo-yo that he had received from one of the royal pages. After a third pull on the ropes, he broke and exploded, one of the pieces embedding himself in his eyeball. In this case, the Superior Court of Justice of Andalusia In 2013, it dismissed the responsibility of the administration since it had not acquired the toy nor did it have a duty to verify its quality. “The city council is responsible for the security in the occupied public space, therefore, when the accident occurred when the parade had already finished, it cannot be held responsible,” said the judges.
Another alleged injury, although less serious, ended with King Baltasar being denounced after a neighbor from Huelva suffered an eye contusion. After being hit by a piece of candy, he brought the facts to the attention of the court. With great grace, the magistrate came to consider whether he should refrain from hearing the case because “the Wizard King Baltasar, with the help of Kings Melchor and Gaspar”, had offered him “desired presents every January 6” since it was in use of reason. Finally, he archived the proceedings because the contusion derived from “a permissible risk” that excluded any criminal responsibility. “These are small socially tolerated risks that, precisely because of this, do not translate into criminal reproach”, argued in this case the order of a court in Huelva in 2010. “To give an example, if a person participates in a match of football, assumes the risk that another player accidentally injures him,” he added.
However, the resolution indicates that the injuries in the parade of Three Kings as a consequence of the candies thrown from the floats are “a strict matter of patrimonial responsibility of the administration, which is the one that organizes them”, so in these cases You must go to the criminal jurisdiction, but to the contentious one. The best thing, in any case, is to behave well so as not to get Their Majesties into any altercation.
THE COUNTRY of the morning
Wake up with the analysis of the day by Berna González Harbor
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