Given that it was raised yesterday after the general election was called, what will happen to contractual leave in the event of a call to the polling station as a president or member, FACUA-users have in action asked the Central Electoral Commission (JEC) to make some changes in its regulations regarding the requirements to avoid the call.
First, FACUA is asking the JEC to consider an exception to going to the table with the leave agreement before May 30, the date the election call is officially filed with the BOE, as notice of that call can be received.
On the other hand, and taking into account that the JEC Regulation provides for “family events of particular urgency that cannot be postponed or in which the postponement causes significant economic damage, provided that the party concerned is the main character or maintains a family relationship with him until the second.” Degree of Kinship,” FACUA requests that family travel be included in this presumptive protection.
FACUA spokesman Ruben Sanchez said at a press conference that “JEC does not define specifically what is a particularly relevant family event, so we believe that family travel should be included in the presumption.”
Sánchez explained that “in other countries, there are “many Spaniards of various origins for whom it is vital to visit relatives abroad during the summer because they have no other time to do so, so being invited to the table can cause them” serious emotional and economic damage.”
FACUA explained that its petition aims to prevent the fact that “since there is no specificity in the JEC instructions, it is very possible that the precinct election boards will adopt different interpretation criteria, which will cause harm to the multitude of citizens. ”
OCU considers it a “force majeure”
On the other hand, the Spanish Consumer Organization offers a series of tips on its website on what to do in the face of marking at the polling station.
OCU, on the other hand, is asking the territory’s electoral boards to “make their criteria more flexible to prevent an avalanche of claims about trip cancellations.” It also calls on travel agencies, airlines, hotels and other companies in the sector to attend to cancellations due to force majeure and to refund affected customers for the holiday they cannot take.
In the event that the Electoral College does not consider the accused by the appointed persons as an excuse, the OCU considers that “we will have a force majeure event, because it is a legal, unforeseeable and unforeseeable obligation”. Therefore, he believes that “vacation can be canceled without financial penalty” and for this “it is not necessary to take out travel insurance because it is an extraordinary circumstance that obliges the parties to cover the benefits using the Civil Code”.
This point of view differs from various legal experts, such as the legal office of the Reclamador.es application, which explained to Consumoclaro that “it is not a case of force majeure and it is not an assumption that can be covered. With the European regulation establishing common rules on compensation and assistance for air passengers, because it is not a cancellation from the airline, but a passenger who is unable to make the journey”.
In any case, OCU recommends that victims seek a waiver from the electoral college and, if the resolution is not favorable, submit a cancellation to the airline.
For this, according to the OCU, the decision of the electoral college on the appointment as a member of the polling station, as well as the decision rejecting the pretext, must be attached to the cancellation request.
Similarly, the OCU recalls that “this exceptional situation applies to the named person and the rest of the family if the booking is made jointly, so the reason for force majeure must apply to all travelers who plan to travel as a group”.
Source: El Diario