Consultation on "household" for purposes of PRODI
CONSULTATION: hi am mireia linen and I have a doubt. I have asked the prodi and wanted to know one thing. I am a single mother with a child but the father is registered in the same household, we're both single. the account as a family unit to charged when the prodi? family in the book as we left the two singles. Thank you very much and I hope to answer please.
RESPONSE: Hi Michael, as the implementing legislation, it is understood as a family unit ....
"You, your spouse or children under 26 years or older with disabilities or foster children, so I understand that is not already married (not your spouse), '" YES "would be entitled to collect subsidy, if you want when you described and well resolved we all doubt.
Sunday, February 13, 2011
Friday, February 11, 2011
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REDUCTION OF ASSESSMENTS FOR THE MAINTENANCE OF EMPLOYMENT
that are available for employment contracts of indefinite nature of workers 59 or older, with an age in the company of 4 or more years, will be entitled to the reduction, by the Social Security Budget, 40% of corporate giving in the Social Security contribution for common contingencies, except for temporary disability resulting from the same on the tax due from the date of compliance with the above requirements.
If the worker to meet 59, he did not have the seniority of 4 years, the reduction will apply from the date of that age range.
may be beneficiaries of the reduction in business, self-employed business or cooperative societies to which workers join as employees or business partners, provided that they have opted for a Social Security system's own employees.
The duration of the reduction will be one year, unless, at an earlier date, interested parties are eligible to be beneficiaries of the subsidies covered by Article 4 of Law 43/2006, of December 29, to improve growth and employment, in which case it will apply from that date the latter.
that are available for employment contracts of indefinite nature of workers 59 or older, with an age in the company of 4 or more years, will be entitled to the reduction, by the Social Security Budget, 40% of corporate giving in the Social Security contribution for common contingencies, except for temporary disability resulting from the same on the tax due from the date of compliance with the above requirements.
If the worker to meet 59, he did not have the seniority of 4 years, the reduction will apply from the date of that age range.
may be beneficiaries of the reduction in business, self-employed business or cooperative societies to which workers join as employees or business partners, provided that they have opted for a Social Security system's own employees.
The duration of the reduction will be one year, unless, at an earlier date, interested parties are eligible to be beneficiaries of the subsidies covered by Article 4 of Law 43/2006, of December 29, to improve growth and employment, in which case it will apply from that date the latter.
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Special Scheme for Self-Employed agriculture established in the RETA
is established with respect to the contingencies of mandatory coverage, when the employee has opted for the minimum base estimated at 850.20 euros / month, the contribution rate will 18.75%, however, you opt for a higher contribution basis, the amount exceeding the minimum basis for the application will be the contribution rate of 26.50%, also with respect to voluntary improvement temporary incapacity for common, the contribution rate applied to the full amount of the contribution base will be of interest of 3.30%.
regard to the contingencies of accident and occupational disease where the person concerned had not chosen to cover all contingencies professionals will continue to pay, by way of coverage of the contingencies of "disability, death and survival" share resulting from applying the base of contributions referred to in paragraph 1.a) the rate of 1%.
Finally, workers who have not opted to provide coverage in the area of \u200b\u200bprotection afforded to all of the risks of occupational accidents and diseases, make an additional contribution of 0.1% applied on the basis of chosen contribution for the financing of the benefits provided to the assumptions of risk during pregnancy and breastfeeding.
is established with respect to the contingencies of mandatory coverage, when the employee has opted for the minimum base estimated at 850.20 euros / month, the contribution rate will 18.75%, however, you opt for a higher contribution basis, the amount exceeding the minimum basis for the application will be the contribution rate of 26.50%, also with respect to voluntary improvement temporary incapacity for common, the contribution rate applied to the full amount of the contribution base will be of interest of 3.30%.
regard to the contingencies of accident and occupational disease where the person concerned had not chosen to cover all contingencies professionals will continue to pay, by way of coverage of the contingencies of "disability, death and survival" share resulting from applying the base of contributions referred to in paragraph 1.a) the rate of 1%.
Finally, workers who have not opted to provide coverage in the area of \u200b\u200bprotection afforded to all of the risks of occupational accidents and diseases, make an additional contribution of 0.1% applied on the basis of chosen contribution for the financing of the benefits provided to the assumptions of risk during pregnancy and breastfeeding.
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deductions for temporary disability benefits
Following various consultations on CEO pay deductions, mutual circulars are sending their employees to remember that under the General Law Social Security in Articles 128 and 131, the temporary disability benefit is a subsidy that has daily basis. Accrues daily and every day that the worker is on sick care. All this regardless of whether the payment is through collaboration required of companies (CEO pay) or directly by the Mutual to cover various contingencies (cost).
Consequently, the amount deducted for temporary disability in each settlement period should correspond to the days of the month in which there is incapacitated, this being the criterion applied to reconcile deductions delegated payment.
This criterion should be particularly taken into account in February, which may carry a maximum deduction of 28 days, as in the months of 30 or 31 days, which must be deducted also 30 or 31 days respectively.
Following various consultations on CEO pay deductions, mutual circulars are sending their employees to remember that under the General Law Social Security in Articles 128 and 131, the temporary disability benefit is a subsidy that has daily basis. Accrues daily and every day that the worker is on sick care. All this regardless of whether the payment is through collaboration required of companies (CEO pay) or directly by the Mutual to cover various contingencies (cost).
Consequently, the amount deducted for temporary disability in each settlement period should correspond to the days of the month in which there is incapacitated, this being the criterion applied to reconcile deductions delegated payment.
This criterion should be particularly taken into account in February, which may carry a maximum deduction of 28 days, as in the months of 30 or 31 days, which must be deducted also 30 or 31 days respectively.
Thursday, February 10, 2011
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RED 2 Newsletter / 2011 of 7 February Specialties
- NEW FEATURES IMPLEMENTED NETWORK SYSTEM
1.LIQUIDACIONES APPLICATION FORM WITH PAYMENT RECEIVED BY ACCOUNT LATE
2.LIQUIDACIONES
3.SISTEMA ZERO BALANCE SPECIAL EMPLOYEE FIXED DISCONTINUOUS TO PROVIDE SERVICES IN THE BUSINESS OF FILM SCREENING, dance halls, discotheques and
FIESTA SPECIAL 4.SISTEMA
fixed discontinuous WORKERS PROVIDING SERVICES TO BUSINESSES OF MARKET RESEARCH AND PUBLIC OPINION
- NEW DIRECTIONS FOR REDUCING TRANSIENT BUSINESS CONTRIBUTION TO TRADING OF THE SOCIAL SECURITY FOR GOVERNMENT OF NEW REVENUE
- MAIN ISSUES ARISING FROM THE PUBLICATION OF THE TIN/41/2011 ORDER OF JANUARY 18, TO BE DEVELOPED BY THE RULES OF SOCIAL SECURITY CONTRIBUTIONS, UNEMPLOYMENT, WAGES GUARANTEE FUND AND TRAINING FOR YEAR 2011.
1.Base
maximum and minimum contribution to the General Scheme.
2.Cotización in contracts for the training. 3.Base
minimum contribution for members of Worker Cooperatives in the case of part-time contract.
4.Cotización of Artists.
5.Cotización for unemployment. Special Agricultural
6.Régimen
.
7.Coeficientes reducing firms which are not applicable to any contingency.
8.Cotización in the special system for handling and packaging tasks of fresh tomatoes in the General System of Social Security.
9.Tipo of contributions in special cases.
10.Cotización framed public employees in the General System of Social Security.
11.Reducción in providing the trading business by public officials.
- INSTRUCTIONS FOR THE IMPLEMENTATION OF THE SPECIAL REGIME MODIFICACONES AGRICULTURAL
- QUOTE OF UNEMPLOYMENT BASED ON CONTRACT
TRAINING - PROGRAM TO PROMOTE AGRICULTURAL EMPLOYMENT
DOWNLOAD
- NEW FEATURES IMPLEMENTED NETWORK SYSTEM
1.LIQUIDACIONES APPLICATION FORM WITH PAYMENT RECEIVED BY ACCOUNT LATE
2.LIQUIDACIONES
3.SISTEMA ZERO BALANCE SPECIAL EMPLOYEE FIXED DISCONTINUOUS TO PROVIDE SERVICES IN THE BUSINESS OF FILM SCREENING, dance halls, discotheques and
FIESTA SPECIAL 4.SISTEMA
fixed discontinuous WORKERS PROVIDING SERVICES TO BUSINESSES OF MARKET RESEARCH AND PUBLIC OPINION
- NEW DIRECTIONS FOR REDUCING TRANSIENT BUSINESS CONTRIBUTION TO TRADING OF THE SOCIAL SECURITY FOR GOVERNMENT OF NEW REVENUE
- MAIN ISSUES ARISING FROM THE PUBLICATION OF THE TIN/41/2011 ORDER OF JANUARY 18, TO BE DEVELOPED BY THE RULES OF SOCIAL SECURITY CONTRIBUTIONS, UNEMPLOYMENT, WAGES GUARANTEE FUND AND TRAINING FOR YEAR 2011.
1.Base
maximum and minimum contribution to the General Scheme.
2.Cotización in contracts for the training. 3.Base
minimum contribution for members of Worker Cooperatives in the case of part-time contract.
4.Cotización of Artists.
5.Cotización for unemployment. Special Agricultural
6.Régimen
.
7.Coeficientes reducing firms which are not applicable to any contingency.
8.Cotización in the special system for handling and packaging tasks of fresh tomatoes in the General System of Social Security.
9.Tipo of contributions in special cases.
10.Cotización framed public employees in the General System of Social Security.
11.Reducción in providing the trading business by public officials.
- INSTRUCTIONS FOR THE IMPLEMENTATION OF THE SPECIAL REGIME MODIFICACONES AGRICULTURAL
- QUOTE OF UNEMPLOYMENT BASED ON CONTRACT
TRAINING - PROGRAM TO PROMOTE AGRICULTURAL EMPLOYMENT
DOWNLOAD
Wednesday, February 9, 2011
Play Pokemon Blue Online Forum
quote for autonomous in 2011
Self-employed, to January 1, 2011, are younger than 48 years or have 48 or 49 and a base less than 1665.90 euros, can choose their contribution base between the maximum and minimum base gathered earlier.
also self-employed workers, to January 1, 2011, had 50 or more years old, the contribution base will be between 916.50 and 1682.70 euros per month.
However, in the case of a surviving spouse of the owner of the business as a result of his death, had to take charge of it and sign up for this special scheme with 45 or more years of age, the choice of bases will be between 850.20 and 1682.70 euros per month.
For self-employed with before 50 years have contributed in any of the Social Security Schemes 5 or more years have the following rules:
a) If the last contribution base would have been credited to 1665.90 or less per month, will to quote a base of between EUR 850.20 and EUR 1682.70 per month.
b) If the last contribution base have been proven superior to 1665.90 per month, will have to contribute for a base between 850.20 euros per month and the amount of it, plus a percentage equal to the increase that has experienced the maximum contribution base to this system.
Workers autonomous, because of his work as an employee developed simultaneously listed, for common contingencies in pluriactivity regime in 2011, taking into account the business and the corresponding contributions to the employee in the General Conditions and those made under the Special Scheme for an amount less than EUR 10,860.00, shall be entitled to a refund of 50% of their excess contributions exceed the said amount, with the top 50% of the tax in the arrangements with because of their contribution for common contingencies mandatory coverage. Such refund shall be made at the request the person concerned in the first 4 months of that year.
Self-employed, to January 1, 2011, are younger than 48 years or have 48 or 49 and a base less than 1665.90 euros, can choose their contribution base between the maximum and minimum base gathered earlier.
also self-employed workers, to January 1, 2011, had 50 or more years old, the contribution base will be between 916.50 and 1682.70 euros per month.
However, in the case of a surviving spouse of the owner of the business as a result of his death, had to take charge of it and sign up for this special scheme with 45 or more years of age, the choice of bases will be between 850.20 and 1682.70 euros per month.
For self-employed with before 50 years have contributed in any of the Social Security Schemes 5 or more years have the following rules:
a) If the last contribution base would have been credited to 1665.90 or less per month, will to quote a base of between EUR 850.20 and EUR 1682.70 per month.
b) If the last contribution base have been proven superior to 1665.90 per month, will have to contribute for a base between 850.20 euros per month and the amount of it, plus a percentage equal to the increase that has experienced the maximum contribution base to this system.
Workers autonomous, because of his work as an employee developed simultaneously listed, for common contingencies in pluriactivity regime in 2011, taking into account the business and the corresponding contributions to the employee in the General Conditions and those made under the Special Scheme for an amount less than EUR 10,860.00, shall be entitled to a refund of 50% of their excess contributions exceed the said amount, with the top 50% of the tax in the arrangements with because of their contribution for common contingencies mandatory coverage. Such refund shall be made at the request the person concerned in the first 4 months of that year.
Tuesday, February 8, 2011
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New Agricultural Scheme (Employees employees) for 2011
contribution monthly basis (workers who provide services throughout the month): Max Base
Group 1 contribution: EUR 1393.80. Maximum Base
Groups 2 to 11 quote: 986.70 euros.
For employees who begin or end their activities without coinciding with the beginning or end of a calendar month, provided that such activity has a duration of at least 30 consecutive calendar days, the price will be made in proportion to the days when appearing high in this scheme during the month.
daily basis for actual days :
Group 1 contribution: daily basis may not be less than 45.44 euros per day or more than 60.60 euros per day.
Groups 2 to 11 trading: daily basis applicable is 42.90 euros per day. When operated in the calendar month 23 actual days or more, the contribution base for the same will be established in the previous section.
monthly contribution basis during periods of inactivity (workers included in the census):
The amounts are the minimum basis set as for workers of the same groups in the General System of Social Security.
be construed there are periods of inactivity within a calendar month when the number of actual days during that time is less than 76.67% of calendar days in which the employee is registered in the agricultural census for the month.
The price for such period of inactivity is determined by applying the formula contained in Article 120.tres.3 of the Budget Law.
Rates of contribution:
periods of activity:
· Share price contingencies common in workers in the agricultural census covered:
20.20%, 15.50% being in charge of the company and 4 70% by the worker.
· Share price contingencies accident and occupational disease: the contribution rates apply to premium rate approved by the 4 th Additional Provision of Law 42/2006 of the General State Budget for 2007, in turn, amended by 13 th Disposal of the Law on State Budget for 2009, as amended by the 8 th Final Disposition of the Law on State Budget for 2010, with premiums resulting in sole charge of the company. Periods of inactivity
: 11.50%, with the resulting contribution paid entirely by the worker.
Reductions in corporate contributions:
For workers in the agricultural census included framed in contribution groups 2 to 11, the monthly contribution to be paid by the company was reduced by 56.35 euros, calculated monthly. Reduce the amount of 50.72 euros per month apply to the contribution for common contingencies and 5.63 euros / month to levy the contingencies of work accidents and occupational diseases. The levy
actual days and in relation to temporary workers and fixed batch, set in the contribution groups 2 to 11, and included in the agricultural census, the reduction is of 2.45 euros for each day of which € 2.20 is applied the contribution for common contingencies and 0.25 euros to the levy of industrial accidents and occupational diseases.
contribution monthly basis (workers who provide services throughout the month): Max Base
Group 1 contribution: EUR 1393.80. Maximum Base
Groups 2 to 11 quote: 986.70 euros.
For employees who begin or end their activities without coinciding with the beginning or end of a calendar month, provided that such activity has a duration of at least 30 consecutive calendar days, the price will be made in proportion to the days when appearing high in this scheme during the month.
daily basis for actual days :
Group 1 contribution: daily basis may not be less than 45.44 euros per day or more than 60.60 euros per day.
Groups 2 to 11 trading: daily basis applicable is 42.90 euros per day. When operated in the calendar month 23 actual days or more, the contribution base for the same will be established in the previous section.
monthly contribution basis during periods of inactivity (workers included in the census):
The amounts are the minimum basis set as for workers of the same groups in the General System of Social Security.
be construed there are periods of inactivity within a calendar month when the number of actual days during that time is less than 76.67% of calendar days in which the employee is registered in the agricultural census for the month.
The price for such period of inactivity is determined by applying the formula contained in Article 120.tres.3 of the Budget Law.
Rates of contribution:
periods of activity:
· Share price contingencies common in workers in the agricultural census covered:
20.20%, 15.50% being in charge of the company and 4 70% by the worker.
· Share price contingencies accident and occupational disease: the contribution rates apply to premium rate approved by the 4 th Additional Provision of Law 42/2006 of the General State Budget for 2007, in turn, amended by 13 th Disposal of the Law on State Budget for 2009, as amended by the 8 th Final Disposition of the Law on State Budget for 2010, with premiums resulting in sole charge of the company. Periods of inactivity
: 11.50%, with the resulting contribution paid entirely by the worker.
Reductions in corporate contributions:
For workers in the agricultural census included framed in contribution groups 2 to 11, the monthly contribution to be paid by the company was reduced by 56.35 euros, calculated monthly. Reduce the amount of 50.72 euros per month apply to the contribution for common contingencies and 5.63 euros / month to levy the contingencies of work accidents and occupational diseases. The levy
actual days and in relation to temporary workers and fixed batch, set in the contribution groups 2 to 11, and included in the agricultural census, the reduction is of 2.45 euros for each day of which € 2.20 is applied the contribution for common contingencies and 0.25 euros to the levy of industrial accidents and occupational diseases.
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FOUNDATION CONSTRUCTION WORK FOR 2011
resolution of 25 January 2011, the Directorate General of Labour, which records and publishes the minutes of the Joint Commission IV of the General Collective Agreement for construction.
FOUNDATION THE% OF CONSTRUCTION WORK FOR 2011 IS € 0.25
resolution of 25 January 2011, the Directorate General of Labour, which records and publishes the minutes of the Joint Commission IV of the General Collective Agreement for construction.
FOUNDATION THE% OF CONSTRUCTION WORK FOR 2011 IS € 0.25
Monday, February 7, 2011
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ABSORPTION OF WAGES AND COMPENSATION AGREEMENT
At the beginning of the year, comes the time to pay the arrears dearest convention. And get clear doubts, can my company offset the increase in my covenant, about my wages last year, with any concept of my paycheck?, this and many other tri-fold answer questions with the following essential notes, extracted most unifications of Supreme Court doctrine:
Supreme Court. Judgement of 15 October 1992 (No offset "grief currency" with "plus job").
The complementary salary job that is assigned to the driver-earner (20 per 100 of his base salary) can not be understood to understand and defeat the compensation for currency devaluation. Are heterogeneous concepts, one is a wage supplement derived from the exercise of an activity in a job, so that is not consolidated (art. 5 B of Decree 2380/1973), the other is fringe, not subject to absorption or neutralization proposed that postulates the appellant company. The driver-earner earns a higher wage to perform a more active and perform effectively while, and as the collector, collecting the compensation which it has to by currency devaluation, as stated in art. Ordinance 162, the currency devaluation is for collectors, and driver-recipient performs that activity. It says the art. 11 of the agreement that currency devaluation is not exclusive collector driver, and would have been necessary to estimate the resource, so were available.
Supreme Court. Judgement of November 10, 1998 ( Not applicable cover various concepts when they are under the same collective agreement)
The appellant's thesis, which is contained in the ruling contrast, deserves to thrive. Indeed, the figure of compensation and absorption is currently contained in the cited provision of the Workers' Statute, but with a tradition deeply rooted in our legal system as it appeared in former Ordinances and the following Decrees of the minimum wage to from the first was issued in 1963, has always been intended to avoid duplication of wage increases that have originated from various regulatory sources thereof so that the increase of wage concept contained in a standard or conventional power was neutralized by any other increases originating in different source, thus increasing the minimum wage is absorbed, and So no additions, higher wages and a worker who receives based on the provisions of any agreement or compact controller working conditions and, therefore, the wage increase under a collective agreement is absorbed and is neutralized by higher wages already received by the worker affected as a result enjoy a special agreement between him and his employer. The company claimed it did was neutralize the wage concept "commissions" that the workers were entitled to receive for the term 'plus convention ", using the elements of pay compensation to two regulated in the same collective agreement.
Supreme Court. Judgement of July 6, 2004 (No offset "Sales commissions" with other concepts per unit time).
This implies that, in principle, compensation, necessarily have to occur within the framework of remuneration to submit the necessary homogeneity (judgments of 15 October 1992 and June 10, 1994), at least in the order of the retributive function ; homogeneity, of course, there can be between the elements of pay are considered here. On the one hand, increases relate to items offset wage per unit of time, the base salary, seniority and bonuses, including the payment of benefits, and, moreover, the concept that acts as an absorbent, the sales commission, remuneration is certainly complex, but takes into account more effort or skill of the worker as the result of that effort which results in achieving commercial operation by the company.
Supreme Court. Judgement of 13 March 2006 ("Plus arduous nature" with "Plus work stations)
"... be taken into account the principles established in relation to the art of compensation and absorption discipline art. ET 26.2, which is interesting to note now, among the several points that have been the subject of unification, the following two:
A) overall compensation authorizing the art. 26.5 ET is always possible unless one of the items of compensation involved in the operation, whether nonabsorbable by nature or by express provision of the statute or treaty that.
B) to operate the clearing and removal, there must be among the items of compensation a consistency that allows it. "
Supreme Court. Judgement of 21 October 2009 (Absorption of "old")
the beginning of each year the company gives each employee a written submission which outlined the annual gross salary, which according to the communication shall be paid "a part as appropriate by applying the collective agreement in force, and the rest to complete the said amount under the concepts volunteers, if voluntary Improvement compensable and absorbable. Any legal or conventional variation in remuneration regulations determine the compensation of the concept voluntary improvement. " This has laid the foundations for the purpose for which it is intended the supplement, an amount set out, from its allocation to compensation for "any legal or contractual variation." Consequently, whether the compensation going to analyze the conventional rules, Article 7 states, offsetting any economic conditions, "whether or not wage nature, with the improvements of any kind, whether they were earlier, satisfied by law, collective agreement, award, individual contract, usage or custom, granting voluntary corporate or any other causes, and if later, with origins in legal provisions, collective agreements, individual contracts work and any other causes, with the exception of those concepts that were explicitly excluded from absorption in the text of the Convention, given its breadth, as if there is a basis for compensation from the perspective of complement that ultimately results minus , voluntary improvement called "absorbable", we see that his own master deed contemplates no obstacle representing the search for consistency since the formula used in its recognition leaves open the compensatory ability in terms of support provided that the source of variation legal or conventional. There is therefore appreciate breach of the rules and case law cited.
Supreme Court. Judgement of April 14, 2010 (Absorption concept called "Supplement")
shall be taken into account the principles established in relation to the technique of absorption compensation and discipline of art. ET 26.2, points that have been subject to unification:
1) Compensation and absorption must operate on salaries to submit the necessary homogeneity (STS 10/06/1994, 15/10/1992 STS).
2) This restrictive interpretation is based on the purpose of the rule is to avoid duplication of wage increases arising in various regulatory sources (STS 28-2-2005) superposición que no se produce cuando los conceptos salariales son heterogéneos;
3) Las posibilidades de compensación y absorción deben valorarse teniendo en cuenta las circunstancias del caso, atendiendo siempre a "los términos, modo y extensión en los que han sido pactadas" las remuneraciones salariales implicadas (STS 29-9-2008).
4) La absorción y compensación no rige en principio entre conceptos salariales por unidad de tiempo y devengos en función del esfuerzo laboral, ni entre complementos personales que no se vinculan a resultado alguno o a particulares condiciones de trabajo y aquéllos que se ligan al puesto de trabajo (STS 21-1-2008).
5) No cabe la compensación and absorption in the base salary of a staff complement perceived time of the merger of certain businesses (05/25/2005 STS), or compensation and absorption in the salary agreement of an additional quantity and quality of work not satisfies all employees (STS 10.6.1994).
The judgment exposed correctly applied the case law on compensation and salary increases absorption. The so-called "extra" is a salary supplement linked to specific jobs, which had been paying in different level because "the initial nature of retribution had a distinctly professional job performance." Is Clearly, then, that this concept does not keep proper wage homogeneity or analogy to the base salary increase which the company had partially absorbed. And on the other hand, specific rules set compensation and absorption in the collective agreement for the iron and steel industry of Barcelona, \u200b\u200balso ordered compensation of the supplement in question by absorption in the base wage increase of workers affected.
At the beginning of the year, comes the time to pay the arrears dearest convention. And get clear doubts, can my company offset the increase in my covenant, about my wages last year, with any concept of my paycheck?, this and many other tri-fold answer questions with the following essential notes, extracted most unifications of Supreme Court doctrine:
Supreme Court. Judgement of 15 October 1992 (No offset "grief currency" with "plus job").
The complementary salary job that is assigned to the driver-earner (20 per 100 of his base salary) can not be understood to understand and defeat the compensation for currency devaluation. Are heterogeneous concepts, one is a wage supplement derived from the exercise of an activity in a job, so that is not consolidated (art. 5 B of Decree 2380/1973), the other is fringe, not subject to absorption or neutralization proposed that postulates the appellant company. The driver-earner earns a higher wage to perform a more active and perform effectively while, and as the collector, collecting the compensation which it has to by currency devaluation, as stated in art. Ordinance 162, the currency devaluation is for collectors, and driver-recipient performs that activity. It says the art. 11 of the agreement that currency devaluation is not exclusive collector driver, and would have been necessary to estimate the resource, so were available.
Supreme Court. Judgement of November 10, 1998 ( Not applicable cover various concepts when they are under the same collective agreement)
The appellant's thesis, which is contained in the ruling contrast, deserves to thrive. Indeed, the figure of compensation and absorption is currently contained in the cited provision of the Workers' Statute, but with a tradition deeply rooted in our legal system as it appeared in former Ordinances and the following Decrees of the minimum wage to from the first was issued in 1963, has always been intended to avoid duplication of wage increases that have originated from various regulatory sources thereof so that the increase of wage concept contained in a standard or conventional power was neutralized by any other increases originating in different source, thus increasing the minimum wage is absorbed, and So no additions, higher wages and a worker who receives based on the provisions of any agreement or compact controller working conditions and, therefore, the wage increase under a collective agreement is absorbed and is neutralized by higher wages already received by the worker affected as a result enjoy a special agreement between him and his employer. The company claimed it did was neutralize the wage concept "commissions" that the workers were entitled to receive for the term 'plus convention ", using the elements of pay compensation to two regulated in the same collective agreement.
Supreme Court. Judgement of July 6, 2004 (No offset "Sales commissions" with other concepts per unit time).
This implies that, in principle, compensation, necessarily have to occur within the framework of remuneration to submit the necessary homogeneity (judgments of 15 October 1992 and June 10, 1994), at least in the order of the retributive function ; homogeneity, of course, there can be between the elements of pay are considered here. On the one hand, increases relate to items offset wage per unit of time, the base salary, seniority and bonuses, including the payment of benefits, and, moreover, the concept that acts as an absorbent, the sales commission, remuneration is certainly complex, but takes into account more effort or skill of the worker as the result of that effort which results in achieving commercial operation by the company.
Supreme Court. Judgement of 13 March 2006 ("Plus arduous nature" with "Plus work stations)
"... be taken into account the principles established in relation to the art of compensation and absorption discipline art. ET 26.2, which is interesting to note now, among the several points that have been the subject of unification, the following two:
A) overall compensation authorizing the art. 26.5 ET is always possible unless one of the items of compensation involved in the operation, whether nonabsorbable by nature or by express provision of the statute or treaty that.
B) to operate the clearing and removal, there must be among the items of compensation a consistency that allows it. "
Supreme Court. Judgement of 21 October 2009 (Absorption of "old")
the beginning of each year the company gives each employee a written submission which outlined the annual gross salary, which according to the communication shall be paid "a part as appropriate by applying the collective agreement in force, and the rest to complete the said amount under the concepts volunteers, if voluntary Improvement compensable and absorbable. Any legal or conventional variation in remuneration regulations determine the compensation of the concept voluntary improvement. " This has laid the foundations for the purpose for which it is intended the supplement, an amount set out, from its allocation to compensation for "any legal or contractual variation." Consequently, whether the compensation going to analyze the conventional rules, Article 7 states, offsetting any economic conditions, "whether or not wage nature, with the improvements of any kind, whether they were earlier, satisfied by law, collective agreement, award, individual contract, usage or custom, granting voluntary corporate or any other causes, and if later, with origins in legal provisions, collective agreements, individual contracts work and any other causes, with the exception of those concepts that were explicitly excluded from absorption in the text of the Convention, given its breadth, as if there is a basis for compensation from the perspective of complement that ultimately results minus , voluntary improvement called "absorbable", we see that his own master deed contemplates no obstacle representing the search for consistency since the formula used in its recognition leaves open the compensatory ability in terms of support provided that the source of variation legal or conventional. There is therefore appreciate breach of the rules and case law cited.
Supreme Court. Judgement of April 14, 2010 (Absorption concept called "Supplement")
shall be taken into account the principles established in relation to the technique of absorption compensation and discipline of art. ET 26.2, points that have been subject to unification:
1) Compensation and absorption must operate on salaries to submit the necessary homogeneity (STS 10/06/1994, 15/10/1992 STS).
2) This restrictive interpretation is based on the purpose of the rule is to avoid duplication of wage increases arising in various regulatory sources (STS 28-2-2005) superposición que no se produce cuando los conceptos salariales son heterogéneos;
3) Las posibilidades de compensación y absorción deben valorarse teniendo en cuenta las circunstancias del caso, atendiendo siempre a "los términos, modo y extensión en los que han sido pactadas" las remuneraciones salariales implicadas (STS 29-9-2008).
4) La absorción y compensación no rige en principio entre conceptos salariales por unidad de tiempo y devengos en función del esfuerzo laboral, ni entre complementos personales que no se vinculan a resultado alguno o a particulares condiciones de trabajo y aquéllos que se ligan al puesto de trabajo (STS 21-1-2008).
5) No cabe la compensación and absorption in the base salary of a staff complement perceived time of the merger of certain businesses (05/25/2005 STS), or compensation and absorption in the salary agreement of an additional quantity and quality of work not satisfies all employees (STS 10.6.1994).
The judgment exposed correctly applied the case law on compensation and salary increases absorption. The so-called "extra" is a salary supplement linked to specific jobs, which had been paying in different level because "the initial nature of retribution had a distinctly professional job performance." Is Clearly, then, that this concept does not keep proper wage homogeneity or analogy to the base salary increase which the company had partially absorbed. And on the other hand, specific rules set compensation and absorption in the collective agreement for the iron and steel industry of Barcelona, \u200b\u200balso ordered compensation of the supplement in question by absorption in the base wage increase of workers affected.
Thursday, February 3, 2011
Why Dont Alex Texas Do Black Guys
DRAFT SOCIAL AND ECONOMIC. For growth, employment and pension security
I. Introduction.
Part 1
II. Pensions (Agreement on the Reform and Strengthening of the Public Pension System)
III. Policy Agreement Active employment and other employment-related matters.
IV. Agreement on Industrial Policy, Energy Policy and Innovation Policy
Part 2 ª
V. Bipartisan commitment between the Government and Trade Unions to the handling of matters relating to the Public.
Part 3 ª
VI. Bipartite agreement between trade unions and employers on basic criteria for the reform of collective bargaining. DOWNLOAD
I. Introduction.
Part 1
II. Pensions (Agreement on the Reform and Strengthening of the Public Pension System)
III. Policy Agreement Active employment and other employment-related matters.
IV. Agreement on Industrial Policy, Energy Policy and Innovation Policy
Part 2 ª
V. Bipartisan commitment between the Government and Trade Unions to the handling of matters relating to the Public.
Part 3 ª
VI. Bipartite agreement between trade unions and employers on basic criteria for the reform of collective bargaining. DOWNLOAD
Wednesday, February 2, 2011
Sists On Brai And Edwards Syndrom
CONSIDERATION OF NO WORK AS SUICIDE
16/09/2010 STS (Unification Doctrine), "the doctrine of the Board is already unified Case May 13, 2004 (rec. 2070/2003), which in a case very similar to that debate here said do not confuse "the obligations that arise from the collective agreement and bind the company and workers, with those arising from insurance contracts. The agreement requires, in effect, the company's obligation to arrange insurance to cover all contingencies that are listed. But, as also cited, "it nevertheless, in exercise of the contractual freedom conferred by section 1255 of the Civil Code, failing that mandate and formalize the insurance company a contract to dispense less or different protection agreed in the Convention, without prejudice that in this case, is the company to be directly accountable to their workers. The company can not claim to be expanded in terms of the insurance agreed to cover, contrary to the provisions of Article 1283 of the Civil Code, a contingency that would not secure. "DOWNLOAD
16/09/2010 STS (Unification Doctrine), "the doctrine of the Board is already unified Case May 13, 2004 (rec. 2070/2003), which in a case very similar to that debate here said do not confuse "the obligations that arise from the collective agreement and bind the company and workers, with those arising from insurance contracts. The agreement requires, in effect, the company's obligation to arrange insurance to cover all contingencies that are listed. But, as also cited, "it nevertheless, in exercise of the contractual freedom conferred by section 1255 of the Civil Code, failing that mandate and formalize the insurance company a contract to dispense less or different protection agreed in the Convention, without prejudice that in this case, is the company to be directly accountable to their workers. The company can not claim to be expanded in terms of the insurance agreed to cover, contrary to the provisions of Article 1283 of the Civil Code, a contingency that would not secure. "DOWNLOAD
Tuesday, February 1, 2011
Long Term Effects Of Nitrous
ACCIDENT CLAIM OF UNEMPLOYMENT. NO DEDUCTIBLE REVENUES EXEMPT INCOME
27.07.2010 STS. The applicant relies on unification of doctrine in the Supreme Court claiming that for the computation of the income requirement, requesting susbisio unemployment, the limit of 75% of SMI is to discount the income limit for tax-exempt ( ).... income tax "exemption from minimum rent is set a law of fiscal nature [art. 2.2 of TR LIRPF] and therefore, unless otherwise legal referral-is inapplicable to other normative orders. For if the legislature had wanted to exclude the said minimum in any area [in particular to determine the condition of lack of income for the purposes of being beneficiaries of unemployment benefit], it seems doubtful that this should have precepts, but-as we have seen precisely none of the cases in which concerns possible deductions [add-on minimum pensions, widows and - precisely for unemployment], refers to anything that has to exclude the alleged "disposable income" established in the tax regulations . Apart from that it defies logic that in calculating the income limit for purposes of benefit from an assistance-or asistencial/prestacional- which is vital to ensure the subsistence minimum, just to be excluded from income to take account of "the minimum amount of personal and family we are considering, since in this way-would-contradictory perceptions attributed 'vital' [the subsistence threshold] and who previously had guaranteed, with such a person to accumulate -and-two thresholds of subsistence: free tax and unemployment assistance.
27.07.2010 STS. The applicant relies on unification of doctrine in the Supreme Court claiming that for the computation of the income requirement, requesting susbisio unemployment, the limit of 75% of SMI is to discount the income limit for tax-exempt ( ).... income tax "exemption from minimum rent is set a law of fiscal nature [art. 2.2 of TR LIRPF] and therefore, unless otherwise legal referral-is inapplicable to other normative orders. For if the legislature had wanted to exclude the said minimum in any area [in particular to determine the condition of lack of income for the purposes of being beneficiaries of unemployment benefit], it seems doubtful that this should have precepts, but-as we have seen precisely none of the cases in which concerns possible deductions [add-on minimum pensions, widows and - precisely for unemployment], refers to anything that has to exclude the alleged "disposable income" established in the tax regulations . Apart from that it defies logic that in calculating the income limit for purposes of benefit from an assistance-or asistencial/prestacional- which is vital to ensure the subsistence minimum, just to be excluded from income to take account of "the minimum amount of personal and family we are considering, since in this way-would-contradictory perceptions attributed 'vital' [the subsistence threshold] and who previously had guaranteed, with such a person to accumulate -and-two thresholds of subsistence: free tax and unemployment assistance.
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