A court in Badajoz has dismissed the lawsuit brought by the head of the Badajoz capital’s local police, Superintendent Rubén Muñoz, to seek €251,919 for 4,000 hours of overtime between 2014 and 2018, specifically for the celebration of major events in the city. Badajoz’s controversial Administrative Court No. 2 dismissed the police officer’s lawsuit because it is illegal to pay overtime to those who already have the concept of exclusive dedication included in their salary. The councilor just increased his salary by 18,000 euros a year.
The ruling, published this Wednesday, explains that those who are known in advance to have to work cannot be considered overtime and that the exclusive commitment paid to the superintendent is paid precisely to officials who do not have a specific schedule and yes, absolute availability. In addition, the judges emphasize that the police chief must have delegated tasks to three other senior positions on the panel. According to the Hoy newspaper, Rubén Muñoz had an assigned salary of 52,342 euros gross per year, which has increased to 72,430 euros this year.
More information
The plaintiff applied for 875 overtime hours corresponding to the year 2014; 952 of 2015; another 944 extras from 2016; In 2017, 874 worked, in 2018 there were 370. That is 4,015 hours at just under 59 euros per hour, which adds up to 251,919 euros. This corresponds to 500 eight-hour working days or the full hours of half a year.
On January 19, the Badajoz City Council refused to pay this amount, by decree of the Councilor for Human Resources, Hitos Mogena, from Ciudadanos. This party, on the other hand, supported the inclusion of Rubén Muñoz’s wage increase in the municipal budgets for this year (PP and Vox also voted in favour, while Social Democrats and Podemos opposed the increase).
The superintendent ordered to pay the costs believed that he had accumulated this alleged overtime for his work, for example at events such as Police Day, a game of the Spanish team or various events related to the San Juan Fair. But the sentence makes it clear that the exclusive use of the chief of police requires “quick and uncomplicated localization every day of the year, including public holidays” and emphasizes: “Foreseeable or repetitive work is not considered overtime.” . Like the fair for example.
What affects most is what happens next. Subscribe so you don’t miss anything.
Subscribe to
The judges take the opportunity to remind the superintendent that he has to delegate the work and that he has two mayors and four inspectors to do that. “More than a right to overtime bonuses, what he is actually asking for is payment for performing duties that should be performed by other officers in the local police force,” reads the judgment, which is being appealed .