Ongoing protest action at supermarket chain

In recent years, the National Labour Confederation (CNT) has highlighted numerous breaches of labour law at the Mercadona supermarket chain. During a recent conflict between CNT and the company management, discrepancies in the reputed nature of employment contracts were uncovered, as well as a lack of compliance with health and safety laws, and with the legal limits on working time. Moreover, cases of harassment and discrimination have been reported. However, CNT acknowledges that the company has made improvements of late. Nevertheless, protest action continues.

Background

For more than two years, the National Labour Confederation (Confederación Nacional del Trabajo, CNT) has challenged the management at Mercadona supermarket chain for its employment policies. However, during its most recent protest action, CNT conceded that the company had made significant improvements in this regard. The trade union explained that several union delegates, who had been made redundant in the northeast region of Catalonia and in the northern city of Valladolid, had been rehired.

The union also approved of Mercadona’s newfound willingness to comply with health and safety regulations, and its intention to reinstate a half-hour work break in accordance with regulations. CNT revealed that negotiations between the company and its workers have now been re-established; the lack of negotiations had been the primary cause of conflict in the past.

Breaches of national work regulations

Although Mercadona has enjoyed a good reputation nationally, the recent conflicts brought to light serious breaches of national work regulations. For example, CNT sources contradict some of the company’s management statement in relation to workers’ contracts. Although Mercadona’s management states that all staff are hired on permanent employment contracts, this does not seem to be strictly true. Indeed, Mercadona’s website allocates a section to explaining that permanent employment contracts form part of its business strategy, built on two main pillars: respect for fixed prices and regular suppliers. The website confirms that this strategy is developed in order to gain customer loyalty. Notwithstanding this, the latest conflict highlighted the fact that workers are regularly employed on temporary employment contracts, often to regulate high demand over holiday periods.

CNT also exposed a lack of compliance with labour regulations, such as health and safety laws. The dispute further revealed that Mercadona’s annual figures for working time stand at a much higher rate than those of other supermarkets or department stores. In fact, Mercadona’s working time annual figures are extremely close to the limit allowed by the Workers’ Statute, which totals 1,826 hours per worker a year.

In addition, CNT recently accused the Barcelona outlet of contracting 200 Latin-American workers from their country of origin in order to minimise the impact of protest action, as well as to underline the shortage of workers in Catalonia. According to the company, these migrant workers have been paid a salary of not less than €2,000 a month and have received free hotel accommodation during their five-month contract with Mercadona.

Discrimination and harassment

Furthermore, the conflict also found that the company’s managers have so far been denounced over 50 times for cases of sexual and moral harassment, sexual discrimination and unfair dismissals. Thus, the supposedly innovative and fair management methods applied by Mercadona, and known nationwide, seem to have failed to produce reliably positive results (ES0505104N). Revelations of this nature have deepened the conflict between CNT and the company management in the last few months.

Protest action continues

Although certain improvements have been achieved at Mercadona as a result of the ongoing strike, the workers and trade unions have maintained their protest action. Moreover, the trade unions welcome migrant workers who have recently joined the strikes, as well as non-unionised workers. Overall, in addition to providing information to workers and consumers, the unions have organised strikes, rallies and other forms of protest action for the past three years in several regions of the country where controversy has arisen.

Mari Luz Castellanos Ortega, CIREM Foundation