The High Court of Justice of the Basque Country considers it "discriminatory and illegal" to claim the Basque language in all the positions of caregiver in Egogain (Eibar)
The new ruling confirms the annulment of the exclusion of Egogain from the extraordinary process of stabilizing seven public employees for failing to prove the Euskera requirement.
The High Court of Justice ofthe Basque Country (TSJPV) has once again declared "discriminatory and illegal" the requirement of a linguistic profile in 100% of the places of caregivers at the Egogain residencein Eibar.
The CCOO union in the Basque Country has issued a new ruling of the High Court of Justice of the Basque Country in which the Court confirms its earlier ruling that it is not legal to expel Egogain from the extraordinary process of stabilizing seven employees of the public residence for failingto prove the Basque requirement.
CCOO Euskadi has stated that "workers were on temporary contracts up to the age of 25", as well as "several years studying in Euskaltegis to be able to prove their language profile, but they have never been allowed to study Basque during working hours because they were interim staff".
He adds that "the lanigants were excluded because they did not have the oral and written B2 profile, when 100% of the places were requested".
According to CCOO, "although most of them are able to attend in Basque, they do not have an advanced level B2, which is not necessary to be able to do their job in any way", and he has stated that "they usually work in groups of three or four workers per shift and floor".
For the union, "linguistic and labour rights are perfectly compatible with respect for sociolingual proportionality", so that, according to article 25 of Decree 19/2024 of the Basque Government, "the rate to be met by the Provincial Council of Gipuzkoa at the moment is 66.20% of the places and must respond to 20-30% of the citizens who choose the service in Euskera", while "the OPE required 100% of the places."
The union has criticised the fact that the Government of Gipuzkoa, governed by the PNV and the PSE-EE, together with ELA and LAB in this judicial process "continues to violate the language regulations of the Basque Government, and repeatedly violates workers' labour rights".
Finally, the union recalls that "in the face of this discriminatory and segregating language policy against people who do not know, understand or speak Euskera, but do not obtain the title of linguistic profile", CCOO advocates "an alternative policy based on free Euskaltegis at all levels" as well as "releases for interim and subcontracted workers, new forms of accreditation without macroanalysis and official recognition of purely oral and comprehensible profiles".
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