On July 4, a worker in the maintenance area of the Frigocerro refrigerator (located in Durazno) was fired.according to the company for low performance.
On the 22nd of the same month, a worker was fired in that same companyin that case by notorious misconduct and for a fault considered very serious by the company: altering a product.
Both information was provided to The Observer by the lawyer Dante Alessandra, legal advisor of the company based in Santa Bernardina.
As detailed by the professional, that Friday, July 22, the worker – who had been in the company for nine months – had an argument with a colleague and said she would leave. After retiring, after being warned by a superior that she could not leave the workplace, the company sanctioned her for five days, but on Saturday, at a board meeting, that sanction was declined and it was decided to fire her, for “notorious bad behavior”, “because of the insults he said in human resources”, he said.
The company met at the National Labor Directorate (Dinatra), of the Ministry of Labor and Social Security (MTSS), with the Workers’ Federation of Meat and Allied Products (Foica), a union that denounced that the worker had been fired for being linked to the union –since that same Friday he joined the union– and requested the reinstatement of both workers.
For its part, the company’s lawyer maintains that until that moment they did not know that the woman had joined a union.
A “serious” fault
In the framework of meetings held to consider the situation, the MTSS asked the company to consider reinstating the worker, but a complaint made the company decide not to back down.
According to Alessandra, in the quality control area a box was found –which was to be exported to China– with the labels backwards (the one that should go outside was inside, and vice versa).
“When they open the box it turns out that not only were the labels changed, but there was other merchandise. In that load they found 15 identical boxes. Inside the box is the worker’s ticket and card number. In the box it appears that her packaging was closed by her on Friday the 22nd. The same day he abandoned, those boxes were altered. That is very serious”, explained the lawyer..
As reported, there are five witnesses to the fact and a report has already been reported. “The union asks for the reinstatement of the workers and that is not possible, it has already been decided that it is not,” he stressed.
Photos of the altered cargo were delivered to the MTSS and also to Foica.
Martín Cardozo, president of the union, told The Observer that the union found out about the alleged incident with the photos delivered in that instance and that to have guarantees about what happened, it was requested that an investigation be carried out on the worker.
“If she is responsible, she has to be fired, later we will discuss the cover so that she is paid for the dismissal (since she is dismissed for misconduct, that payment does not correspond to her). That is why we do not claim the two dismissals, we claim an investigation with guarantees and yes, reinstate the other worker, “she explained, and stressed that the boxes” did not pass only through the hands of that worker.
Two workers were fired from Frigocerro.
Despite the stoppages, Frigocerro continues to fish
Diego Ortíz, owner of the refrigerator, assured The Observer So far there is no resolution other than the one taken by the company. “Many meetings have been held, but the causes of dismissal are very important, there is no way to leave her (the worker) within the company,” she remarked.
The businessman assured that despite the Foica carrying out work stoppages, activities at the plant have not stoppedGiven the of approximately 200 workers only 40 are unionized.
The stoppage on Thursday and another consecutive one, also 24 hours, this Friday have affected several plants throughout the country, in different ways.
Foica denounces irregularities and benefits
The workers were summoned for a meeting with the MTSS next Monday, August 8 at 11:30 a.m. with the condition of lifting the measures, which will be analyzed in a plenary session, informed Cardozo.
La Foica is open to participate in this meeting, but requested that the Minister of Livestock, Agriculture and Fisheries (MGAP), Fernando Mattos, attend.considering the responsibility of the MGAP to control the activities of the refrigerators.
That is because Frigocerro “as a company violates all laws and regulations at the national level”said the union leader, who argued that “the MGAP should notify Frigocerro because on the one hand they are violating Uruguayan regulations and on the other they are benefiting.”
Cardozo detailed: “I tell you this and I take responsibility, because the company’s lawyer said it, who recognized irregular payments that they call a bonus but they are black payments”. In addition, the company “It does not recognize the union, it does not deduct the union dues adequately, they are suspended if they take action, they are not paid for union hours, they discount presenteeism if they use union hours, it violates the collective bargaining agreement, irregularly pays presenteeism and antiquity”.
It also “violates Law 5,032 on safety and health,” he added.
Finally, from the federation it is claimed that Frigocerro benefits from a declaration of departmental interest that allows it to have tax benefitssuch as exempting the patent and insurance of their vehicles, a benefit that has been extended since 2009.