Workday and Spain are two concepts that never disappoint and always leave holders. And if to the previous combination, we add the concept of flexible, the result is already apotheosic. It is an issue that has always generated a lot of impact at all levels between entrepreneurs, companies and workers in our country.
From praxis doubtful, to absenteeism, the truth is that new ways of bringing control of the day have been introduced, at the same time that other valuation intangible behaviors are maintained regarding what It happens when the formal time of it ends.
Without entering the assessment of classic business clichés, which would well give for a monographic entry in this regard, it happens that some situations have reached courts. Today we analyze them.
the Bankia case, precedent
The most significant case that has recently transcended regarding disputes over the working day is that of Bankia, which after a multitude of conflicts within the company, jumped to court just over a year and a half ago. The reason was the amount of extra hours without reflecting, or what is the same: a lack of registration of the working day. Now, was the Banking Society of Pantone 390 to take it?
In a first scenario, it may be logical March 2017, we find that companies are not obliged to keep a record of the daily day of the entire workforce to check the fulfillment of the workday and agreed schedules, but by law, for the moment they must only keep a record of hours extra made.
Thus, this last judgment of the case, which serves as a precedent in our country, counteracts the first ruling of the National Court, who on December 4, 2015 gave the reason to the unions.
analyzing the sentence
At this point, it may be useful to return to the concepts of discussion of this entry: “Registration of the working day” and “overtime.” In this sense, it is not the same to talk about the ordinary workday, than to do it from overtime to it.
The last ruling of the Supreme Court makes an interpretation of article 35.5 of the Workers P>
If the law would like to force a company to register the workers’ day, this obligation would appear in article 34, something that does not give rise at the moment.
In this sense, chapters before, specifically in article 12.4 of the same ET, it is provided that the registration of the working day is mandatory when the worker has a part -time contract, or as long as they are special assumptions.
The TSE, then, dictates that what is currently included in the law is the obligation to carry an accounting of overtime, not so of an exhaustive control of the day of each worker of the company, thus adjusting to what what Community regulations have in labor matters.
what happens to overtime
Thus, all SME or great Spanish company must ensure the takeover of overtime by their employees monthly, and must communicate them to them or their corresponding personnel representatives, as well as compensating them for a time of rest or, failing that, , economically paid, in the terms that have been agreed in the corresponding collective agreement.
If the inspectors verify that overtime have not been declared or that they have not been compensated, they will consider it serious or very serious. The overtime will not be able to exceed 80 per year and if they are paid economically, they must be recorded with this concept in the monthly payroll and quote social security for them.
Do not do or pay them under other salary concepts not stipulated or agreed previously could lead to considerable fines, arriving in some cases, up to 187,515 euros.
As usual, the best solution goes through dialogue and according to the work team, in order not to perpetrate any irregularity or salary injustice. Labor assistance from: email@example.com