The High Court of Justice of the Basque Country has issued a ruling that obliges Primark to pay the salary differences to the women workers of Bizkaia with effect from May 23, 2024, thus upholding the lawsuit filed by ELA for the textile commerce agreement of the territory to be applied.
As ELA has pointed out, the company had been applying its own company agreement instead of the sectoral agreement that corresponded to the workforce. With this court ruling, the women workers of Primark Bizkaia "will receive salaries in line with the sectoral collective agreement for textile commerce in Bizkaia".
The union had denounced that Primark used its own company agreement, "with lower salaries, instead of the sectoral agreement for textile commerce in the territory, which provides for higher salaries".
According to the trade union, since May 23, 2024 the women workers had "the right to receive the salaries set out in the sectoral agreement, in accordance with the labor reform of 2021, as well as doctrine specified by the High Court on April 16, 2026".
Following this ruling, the courts support ELA's claim and Primark will have to assume the salary differences generated in Bizkaia since May 23, 2024.
ELA filed a lawsuit against Primark after Court number 11 of Bizkaia rejected its request at first instance. The union appealed asking that that ruling be declared null and that its claim be accepted. Although the High Court ruling is not yet final and may be appealed, the trade union organization celebrates "this judicial victory" and says it will continue working "to stop the nationalization of working conditions".