- Security guards at El Prat airport have held stoppages since 4 August over pay and conditions.
- The Government reinforced checks with the Guardia Civil and began the process of imposing an arbitration award.
- The dispute is a reminder of any company’s dependence on contractors for critical services.
Security guards employed by Eulen, the company that runs the security checks at Barcelona-El Prat airport, began partial stoppages on 4 August 2017 and called an indefinite strike from Monday 14. After a weekend in which the assembly rejected for the second time the Catalan Government’s mediation proposal, on Monday the Guardia Civil took over passenger access control to avoid queues and the Government began the process for a compulsory arbitration award.
Transport Minister Íñigo de la Serna had announced on Friday 11, after a crisis committee with Aena, the Interior Ministry and the Guardia Civil, that checks would be reinforced with officers, without replacing the company’s staff. The workers are demanding better pay, adequate rest and training in a demanding and stressful job, in the middle of summer and with the terrorism alert level raised. The Catalan Government had mediated with a pay proposal that the workers’ assembly rejected.
What happens in an essential service
In services that affect security or mobility, the law requires minimum services to be set to protect the rights of third parties, and it is the administration that imposes them. When a dispute drags on and has serious consequences, the Government can also order compulsory arbitration, as it began to process here: a designated third party decides in place of the parties. The right to strike is a fundamental right, but exercising it cannot cancel other citizens’ right to essential services; the balance between the two is settled case by case and the courts can review it afterwards.
The minister insisted that the aim was not to replace Eulen’s staff, who remained at the airport. The law prohibits an employer from replacing strikers with other workers, and so the distinction matters: the officers reinforced a public security check; they did not take the posts of the guards on strike.
Contractors and liability
Many companies, from airports to factories, outsource services they regard as ancillary, such as security, cleaning or logistics, and find that a strike at the contractor can paralyse their activity. The client is not the employer of those workers, but suffers the consequences and, in certain cases, may be secondarily liable for the contractor’s wage and social security debts.
It is worth reviewing service contracts: contingency plans for strikes, penalty clauses, certificates of being up to date with payments and what happens if the contractor defaults. The more critical the service, the more important it is to have an alternative prepared rather than improvised. For a client with many outside suppliers, identifying which services are truly critical is the first step.
What to plan for
August is one of the busiest months at El Prat. Long queues at the checkpoint affect passengers, airlines and shops, and can cost flights and bookings. According to Aena sources, waits reached between forty minutes and an hour in the early hours of Monday, although by the morning they had fallen to between five and ten minutes. Many activities, from taxis and car hire to nearby hotels, also depend on the airport’s flow of travellers.
For travellers, allowing more time, checking in online and keeping hand luggage organised all help. And companies with employee or client travel will do well to have an alternative plan if a labour dispute disrupts operations.
A halted essential service costs everyone; prevention starts with clear contracts and contingency plans.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
