WRITTEN QUESTION P-0901/01 by Laura González Álvarez (GUE/NGL) to the Commission. Situation of the Spanish company Sintel S.A.'s workforce.
Date: 2001-03-19
Institutions: European Parliament, Provisional data
Subjects: Spain, bankruptcy, collective dismissal, competence of the Member States, employment policy, labour law, social movement

21.8.2001

EN

Official Journal of the European Communities

C 235 E/233

leaders of

the two main Spanish trade unions (CC.OO and UGT) and numerous
The confederal
representatives of political, social, intellectual and cultural circles have expressed their support for the
Sintel workers and their works council who are engaged in constant industrial action,
including the
abovementioned camp-out in very difficult conditions caused by a number of factors, in particular the
complete lack of cooperation on the part of the Madrid city council leaders.

The safeguarding of jobs, particularly in new-technology companies such as Sintel (which has suffered
many setbacks since it was privatised and sold to the now-deceased businessman Jorge Mas Canosa) is
essential and is in line with the objectives stated by the EU in the Charter of Fundamental Rights and the
Social Agenda which were proclaimed and studied respectively at the recent Nice Summit.

Is the Commission aware of the situation as described above and if it is not does it intend to acquaint itself
with the current state of affairs at Sintel? Does it intend to approach the Spanish Government in order to
find out what its views are and what action it is going to take in order to protect jobs at Sintel?

(2001/C 235 E/275)

WRITTEN QUESTION P-0901/01

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(19 March 2001)

Subject: Situation of the Spanish company Sintel S.A.(cid:146)s workforce

The Spanish telecommunications company Sintel S.A., a former branch of the Spanish firm Telef(cid:243)nica
S.A., which was at the time a public company, was sold in 1966, to the Mastec group, a company founded
by the President of the Cuban-American National Foundation, whose headquarters are in Miami (USA).
Mastec undercapitalised Sintel S.A., neglected the company(cid:146)s management, and brought it to bankruptcy,
resulting in dismissal proceedings for 1201 of its 1800 workers.

In protest against this situation, over one thousand of Sintel S.A.(cid:146)s workers have been camping in the
Paseo de la Castellana in Madrid for 40 days, while their partners have been staging a sit-in in the
Almudena Cathedral, demanding that they be paid the seven months(cid:146) salary which the company owes
them, and calling on the Spanish Government to intervene to find a positive solution to this situation.

The Lisbon European Council established a European Union growth and employment strategy and the
Commission has always been particularly vigilant with regard to rules safeguarding workers(cid:146) rights when
companies merge or are privatised.

Does the Commission intend to approach the Spanish authorities with a view to achieving a possible
solution to the appalling situation in which the workforce of Sintel S.A. finds itself?

Joint answer
to Written Questions E-647/01 and P-0901/01
given by Ms Diamantopoulou on behalf of the Commission

(18 April 2001)

The Commission, as guardian of the Treaties, exercises its powers whenever Community law is concerned.

Industrial restructuring, including the safeguarding of the level of employment, continues to come under
the powers of the national authorities, which, where appropriate, exercise these powers within the
framework of the national legislation of the Member State concerned.

C 235 E/234

Official Journal of the European Communities

EN

21.8.2001

In any event, it should be pointed out that the provisions on workers(cid:146) rights, as referred to in Council
Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States
relating to the safeguarding of employees(cid:146) rights in the event of transfers of undertakings, businesses or
parts of businesses (1), amended by Council Directive 98/50/EC of 29 June 1998 (2) and Council Directive
98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective
redundancies (3), especially concerning information and consultation, must be complied with.

Given that Spain has appropriately transposed these Directives into national law, it is primarily up to the
national courts to resolve any disputes arising from this affair.

(1) OJ L 61, 5.3.1977.
(2) OJ L 201, 17.7.1998.
(3) OJ L 225, 12.8.1998.

(2001/C 235 E/276)

WRITTEN QUESTION P-0656/01

by Maurizio Turco (TDI) to the Commission

(26 February 2001)

Subject: Judicial

investigation into the use by the Puglia Regional Council of

funds earmarked for

professional training

Recent press reports state that the public prosecutor in Bari has begun an investigation into the use by the
Puglia Regional Council of funds earmarked for professional training, that various irregularities have come
to light and that the investigation was begun following reports by Mr Giuseppe Di Donna, a former
councillor responsible for professional training, of irregularities.

In addition, an interview with the President of the Italian Chamber of Deputies, Mr Luciano Violante, was
published in the newspaper (cid:145)La Repubblica(cid:146) on 18 January 2001 under the headline (cid:145)Provenzano gets his
hands on 16,000 billion of EU money(cid:146) says Violante: Cosa Nostra(cid:146)s new ambitions(cid:146).

Does the Commission not consider it appropriate to find out from Mr Di Donna whether or not the
financial interests of the Union have been harmed and to approach Mr Violante in order to ascertain how
real the danger he refers to actually is?

Has the Commission taken any action in connection with the two matters described above or does it
intend to take any action, and if so, what action?

Answer given by Ms Schreyer on behalf of the Commission

(3 April 2001)

The European Anti-Fraud Office (OLAF) has stated that it opened an investigation into the use by the
Puglia region of funds earmarked for professional training on 28 July 2000.

The Commission is also providing any assistance that may be necessary. In particular it has given its
authorisation for one of its officials, an expert in European Social Fund financial procedures, to be
interviewed by the Bari Public Prosecutor(cid:146)s Office.