The management team of the company stated that they did not have any inconvenient to reinstate him, but when the ex-con requested to rejoin the staff, the company did not agree to his petition.

A company is not forced to reinstate an ex-con in the staff, although it has stated in any time its intention to do it. This is what the judgment of the High Court of Justice of the Basque Country understands, which studied the case of an ex-con who, after 25 years in prison, wanted to rejoin the company that he voluntarily left some years before his imprisonment.

When the ex-con was released from jail, the Company workers’ Committee suggested to the directors that, given the special circumstances that caused the worker’s abandonment in the company, special consideration should be given to him and his admission should be granted.
The board of directors stated firstly that there was not any problem, but when the ex-con requested his admission in the staff, his request was not accepted. Consequently he filed a claim so that the court recognized his right to be hired again and, accordingly, to be compensated for the damages caused by the refusal to be admitted again, which was amounted to 347.801 Euro.

The judgment, which has a particular vote, admits that the company was right because the agreement between the Company workers’ Committee and the board of directors cannot be considered as a binding preliminary contract which forces the company to accept his reinstatement.

Dismissal of an Ex-con

In this regard, the Court takes into account the fact that the ex-con never took part or was a part in the agreement and the company did not express its will to be forced to follow it, the company only answered an enquiry carried out by the Committee, showing an intention for the future and support for the worker, but not an irrevocable decision of his reinstatement. Although this could have produced some expectations, it does not mean that it is an irrevocable decision.

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