2023-06-01 07:20:00
that a worker can receive from your company less salary than agreed in a payroll is an absolutely exceptional measure, but possible under certain circumstances.
In the event that the employee gives up leave due to common illness or non-work accidentAs a general rule, you will not receive the first three days of absence, which will affect the monthly salary you receive.
Do not go to work in a justified way are usually recognized rights that a worker has. It may be due to a strike call, for having to take an exam or for union commitments, for example. However, the fact of having the right to request those days of absence does not mean that they must be paid, unless the company’s collective agreement provides for it, something that the Workers’ Statute does not do.
On the other hand, the Supreme Court considers as breach of contract the fact of that a worker is repeatedly late for his joba case that could lead the company to deduct the proportional part of the day not worked due to these delays.
The Cessation of job and salary of a worker is a disciplinary measure that companies have when there are serious or very serious offenses that justify it. These assumptions are usually included in the different collective agreements and, logically, they suppose a reduction in the payroll to be received.
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Finally, being something beyond the control of the companies, a payroll can decrease by a administrative embargo. When the pertinent authorities order an employer to withhold a part of the salary of a worker who has acquired a debt recognized by the Justice, the latter may not refuse to do so in its fair proportion and provided that the payroll exceeds the Minimum Interprofessional Wage (SMI), amount unseizable.
That said, what also has to be clear is that the salary earned, generated by the work already done, may not be diminished under any circumstances, with the exception of the aforementioned administrative embargo.
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