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Management for temporary disability or illness, 2nd part (all groups of the Council) and risk prevention (Police)

Related entries:

• Management of Temporary Incapacity for contingency policy (1st part )

On 22 November 2010, the administration al'escrit answered that our labor force was made on 15 November 2010 in relation to several complaints received our union section, which is done by monitoring the rate for IT contingencies arising from common tracking that affects all the employees of the council.

In this sense, it seems that the administration does not meet the responsibilities in relation to the preventive group of the Local Police.

About medical service tracking IT low, we have found that our colleagues, we had reported, as is evident from their operational work and functions undertaken:

"The medical act is eminently consultant and manager, and its purpose is to evaluate and judge the health of each member of the collective labor is low [...]»

"Citations in consultation: ... our doctors come from a detailed history taking and physical examination, the environment and resources are more appropriate and will facilitate the medical ».

" The aim of the first call from the Call Center is the patient's residence to confirm the status of low / high, validate personal data and present our support service to the patient medical patient. Furthermore, assessment is diagnostic, treatment and prognosis prediction of high employment with a doctor. "

Therefore, it is clear that although this is an important issue in no time reported to workers of their rights and obligations.

• The worker has the option of refusing to work there, but it carries consequences.

• The requirement to do so reliably and not only goes with the phone call, because the use of media by telephone require such information (a situation of low / high data ...), affiliation not provided to employee, sufficient guarantees about the identity of the interlocutor (the worker, does not have to know that whoever claims to be the other side of the phone is actually who claims to be), and therefore on the protection of personal data.

• The employee must give their consent to the review, and this should be only to verify the state of illness or accident of the worker who is alleged to justify their absences at work, so any control, while it may affect fundamental rights, must overcome the trial of proportionality emanated of constitutional doctrine. Thus, those that are excessive or unnecessary tests to check the health status can be considered illegal (See eg STSJ of Andalusia, 10 June 1999 or the Basque Country STSJ 6 July 2004, on a test case for a working lifetime of more than half and hour issues and their private life in which the Court considers that any physical intervention on the person must satisfy the requirements of the principle of proportionality, which in turn implies that an action or intervention is suitable, suitable and adequate to achieve the legitimate end pursued ; that is necessary and that the sacrifice of the rights not to impose excessive in comparison to prove the seriousness of the facts and suspicions exist ...).

About the issue of protection of personal data of employees, we expressed our concern, because the company contracted by the government supposedly would have been denounced by the English Agency for Data Protection for grave breaches of the Data Protection Act.

For these reasons we go back to writing a new administration, asking:

• to inform all workers have rights and duties in relation the facts, through a transparent and based on good faith.

• that as a measure of financial restraint, it terminated the contract with the company that performs the service, and the efforts and financial resources allocated to greater investment in prevention Health Risks and employees of the council, which is much needed prevention and impact, first, in a safe working environment and, secondly, a reduction of accidents low.

• Let us report on the position taken in relation to the recruitment of this company, in connection to Article 36 of the Agreement on social and economic conditions of work for civil servants to serve the City of Cerdanyola (26-02 -2009), and in relation to the events exposed by the other unions signed the current agreement and the members of the aboral business [...].