Victoria Rosell and Carlos Sosa will be questioned by the lawyer of their former domestic employee in the trial of March 15

Carlos Berbell | 02/03/2021 6:47 | Updated: 03/02/2021 10:25

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Federico Vicente, lawyer of Simona Chambi –the domestic worker of Bolivian origin who worked in the semi-detached house that the Government delegate against gender violence has in Las Palmas de Gran Canaria – will question Victoria Rosell and his common-law partner, the journalist Carlos Sosa, in the social judgment set for next March 15 at 11.50 am.

This has been decided by the substitute and reinforcement judge of the Social Court 7 of Las Palmas, Maria Jose Andrade Santana, by means of an order dated February 15: «Interrogation of the counterparts for the purpose of answering the interrogation of questions that are asked, under the warning that the facts that harm him are considered to be true, provided that he has personally intervened in them and a fine of 180 to 600 euros, in accordance with article 292.4 of the Civil Procedure Law “.

The candidate for a member of the General Council of the Judiciary for United We Can, Rosell, and the now TV host, Sosa, were sued for “unfair” or “null” dismissal after Chambi was fired on May 26, when he was recovering from a cataract operation, which he had undergone at the Doctor Negrín Hospital in the Canarian capital.

ILLEGAL WORKER AND IN BLACK

The domestic worker began to work “in black” – illegally – for the magistrate in September 2011 and for five months, being illegal in Spain, according to the plaintiff’s lawyer. Contrary to article 311 bis of the Penal Code, which punishes with a prison sentence of 3 to 18 months or a fine of 12 to 30 months, who “repeatedly employs or gives occupation to foreign citizens who do not have a work permit.”

Until Simona Chambi stood up and told him that he would leave if he did not make a contract, essential to regulate his situation in Spain, says the lawyer in the labor lawsuit.

The agreed remuneration was 500 euros gross per month, which, discounting Social Security expenses, remained at 430 euros for an indefinite contract.

The Government delegate against Gender Violence never gave her a payroll.

In 2014, the worker applied for Spanish nationality, according to file 1378/12014, which was processed in the Single Registry of Las Palmas.

That same year, Simona Chambi had to return to Bolivia due to family problems, for which she requested voluntary withdrawal from the contract: “She signed a documentation and canceled from Social Security on November 30.”

ROSELL DID NOT PAY THE FINIQUITO

Although Chambi was not entitled to compensation, he was entitled to the settlement that Rosell never gave him, says the lawyer.

The magistrate and the journalist continued to maintain contact with their former employee, until they convinced her to return to Spain to continue working with them. Because other employees who were testing in his absence did not last two months, working in such a large house.

Simona Chambi returned to Spain in August 2015, nine months later.

According to her lawyer, the employee was hired by the magistrate, again, “in black” – illegally – for four months.

Until he stood again. On November 12, 2015, they made him a new contract, which he “signed without reading” and of which he was never given a copy.

In 2017 they modified his contract. Sosa replaced Rosell in the role of employer.

«Only after insisting since 2017 did I give him payroll, although he continued to receive instructions from his first employer in cleaning the same house that he began to carry out his professional activity since 2012«Says the lawsuit.

“As of 2020, he has not received any payroll from Mr. Carlos Ramón Sosa Báez, nor has he ever delivered the contract signed in 2015 to the present date to the employee,” he adds.

Simona Chambi also took care, when she was enjoying her holidays, to feed a large rabbit and to water the existing plants in the property without receiving any financial compensation in this regard.

ROSELL SUBJECTED FOR PAYING SIMONA CHAMBI 4 TIMES IN BLACK

On September 24, Chambi’s lawyer denounced Rosell and Sosa before the Gran Canaria Island Labor Inspectorate for violation of labor regulations for having paid their client, in black, by transfer, 4 times in 2015.

In it, two relevant documents were provided.

The first was a bank certificate dated September 18.

It was issued by Fayna Lobato Rodríguez, representative of Caixabank branch number 1503 in which it states that the transfers received from a Victoria Rosell account from May 15, 2012 to April 4, 2020 are credited to Simona Chambi’s account. In total, eight years.

Four of these transfers – for an amount of 410 euros, two of them – were made on January 8 and February 7, 2015, as well as on May 5 and June 3 of that same year – for 420 euros.

The concepts were for “Salary Simona” and “Payment Simona”.

It was a period in which Simona Chambi worked without a contract and, therefore, in black, for Victoria Rosell, according to the lawyer.

«In total, my client, Simona Chambi, worked in black for Victoria Rosell for 8 months. From January 2015 to November of that same year. During that time, Rosell paid him in black – I repeat it again -, by transfer, for the aforementioned months. She was not registered with Social Security. The remaining four months were paid by hand, also black, by Rosell», Explains the lawyer Federico Vicente.

SOSA ONLY PAID THE HOUSEHOLD EMPLOYEE ONCE; THE “PAYER” WAS ROSELL

According to the work life report, which the lawyer also attached in his complaint to the Labor Inspectorate, Rosell’s partner, Sosa, registered Simona Chambi with Social Security on November 12, 2015.

However, according to The aforementioned certificate from Caixabank, the payer, the person who always made the transfers to Simona Chambi’s account –between 2012 and 2020–, was Victoria Rosell herself.

And she was the one who gave him orders about what to do around the house.

Only on one occasion, on July 7, 2016, did the payment come from a Sosa account, with the heading “Payroll”.

SOCIAL SECURITY FRAUD

In the complaint filed by Simona Chambi’s lawyer, it is requested that a record of infringement of Social Security contributions be drawn up for the periods referred to and that «proceedings are initiated for violation of hiring and legal fraud to Social Security, as well as illegal hiring, with the sanctions inherent to such infractions«, Concludes the complaint.

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