It is a struggle for years.
For
years, the company discounted the bonus generated the previous month when it
delivered a warning to a worker.
From
the UGT we have always insisted that this was an economic sanction (a fine if
any) and that it was a violation of article 58 of the Workers' Statute. Such
was our fight against this that, supporting our position, we obtained sentences
against the company through the Social Court of Barcelona.
However,
until there is jurisprudence, the articles of the law leave a wide margin of
freedom of interpretation. For this reason, the two complaints we made with the
Inspecció de Treball Catalunya left the company without sanctions. There
were also no agreements in the complaints that we delivered to the Catalan Labour
Court.
What
has changed?
Over
time the laws have changed and now there is finally jurisprudence about the
fine. The company can no longer discount the bonus generated in the previous
month when it gives a worker a warning.
What
do we see now?
The
company has gone to the other extreme and applies the maximum degree of
possible sanctions dictated by article 68 of the Collective Agreement i.e. Long
suspensions that last for months and that mean loss of full wages for entire months.
What
solution is there? Negotiation with the company.
From
UGT, the objective of our negotiation is for the company to apply the lightest
sanctions, that is, the lowest degree indicated in the Agreement.
We
have requested that there be first a light sanction and that they do not wait
until so many incidents have accumulated that the sanction rises to the
category of serious or very serious.
What
can we each do?
Be
aware of circumstances that generate penalties and always provide the company
with a receipt for any absence or delay or absence.
e-mail: ugt.sbt@gmail.com
Teams, group: UGT/BARCELONA, code: l6u6hhh
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