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.
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