martes, 1 de septiembre de 2020

THE COMPANY NO LONGER DISCOUNTS ON THE BONUS WHEN THERE IS A WARNING.

 


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.

 


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