Es Legal Bajar De Categoria a Un Empleado

With payroll accounting software like PayFit, your employees` payslips are generated taking into account all of each employee`s job categories, in addition to the collective agreement your company adheres to. Because just as there are different categories of employment contracts, there are categories for employees, depending on the position they occupy. I am responsible for a restaurant and I moved to another location of the same company to cover the position today, the manager of my first unit tells me that they do not count on me, that when I return, I will be a waiter sharing the schedules. Is it legal? In addition, I worked more than 40 hours I was never paid for the other hours. Or they can leave me where I cover the position because there is a lack of staff. In the event that an employee is confronted with this situation or unjustifiably and illegally before a reduction in salary or occupational group, he may file a complaint with the labour inspectorate and claim the differences in salary between what he should have received. the correct salary and the category of the agreement and the one that has been applied. Unilaterally reducing your salary is illegal. Photo: iStock Your employees can check which contribution group they belong to on their payroll, as well as other relevant information such as contract type and category.

This is one of the non-legal methods by which a company can impose a pay cut on its employees. In this case, the company applies a wage reduction to another agreement that sets a lower salary. However, companies cannot choose which collective agreement is to be applied, but must apply the one that adapts to the activity they carry out. Can my salary or profession be reduced due to the crisis? However, the employee could be in a lower-paying position – within the same company – as long as they agree with their employer. It must be an express, free and, of course, voluntary wish of the worker. In many cases, economic losses lead companies to make the sad decision to lower the wages of their employees and even their profession. This is a viable measure in the event that the company is forced to reduce costs and save personnel costs. But what legal requirements must companies meet to reduce their employees` salary or occupational group? In this article, we solve the most common doubts about this topic. If functional mobility increases, the employee concerned has the right to be paid according to the new duties. This means that your salary will increase.

Through functional mobility, employers can assign their employees different functions than those for which they were originally hired. This measure aims to give more flexibility to businesses, especially smaller ones±. I have been with the company for three years± with the company. I was bullied several times and I figured©they would give me the responsibility to give me responsibilities like «training» and possibly not find me in such a position. Now that I`ve finally gotten an upgrade, I`ve been banned again because they saw me talking to Comisiones Obreras. In addition to the fact that they warned me overnight that they did not give me reasons, that they did not make me sign something, they tell me that my salary will be lowered to the one before. Is that possible? In order to know which occupational group our employee belongs to, we must consult the table and select according to the position that the employee will occupy. This measure aims to ensure that companies do not use job deterioration as a «punishment» for their employees or even as a measure of intimidation aimed at undermining the employee`s self-esteem and social consideration. The process of «substantial» changes in workers` wages is different when the reduction is applied to a large group of workers or only to an employee or a small group: I have been in the company for 10± years with the same category of managers and I suddenly think that according to the labour inspector, we must lower the category to cleaning, but fulfill all the functions of the manager who This has just been determined by an interesting phrase that we repeat in Kernel Legal. This is a judgment of the Supreme Court of Madrid of December 18, 2015, which has been commented on by the media these days. The judgment analyses the case of an employee who has been definitively placed in a lower category, thus depriving him of the functions he previously exercised, and concludes by indicating that this circumstance allows the employee to request the termination of his employment contract and to establish that it is a case of unfair dismissal.

Yes, a worker can be demoted, but this change must be temporary and justified by objective reasons of organization or production. As mentioned earlier, job categories are primarily occupational categories, but there are other methods for classifying employees in a business. Workers and the company can agree on lower wages without having to engage in a process of «substantial change in working conditions». Bilaterally, changes can also be made to other aspects, such as: Reduction of working hours, provided that the employee agrees. In any case, even if there is a mutual agreement, the salary and conditions cannot be worse than those provided for in your agreement. The company can reduce salary or downgrade an employee, but it can`t do it that way. It must justify these «proven economic, technical, organisational or production reasons», as stated in Article 41 of the Workers` Statute. In this sense, it is convenient to know that a direct reduction in pay is included in what the Workers` Statute itself calls a «substantial change in working conditions», which refers not only to a reduction in wages, but also to significant changes in any of the following parameters: I belong to an occupational group because I have a position in my company. I would like to ask for custody of a minor, my day is now 36 hours a week to reduce it to 30. They tell me they will downgrade me. Can they do it to me? In the case of a collective reduction: the company has a duty to try to find a negotiated solution with the trade union delegation or another form of legal representation of employees in discussions that can last up to 15 working days. In any case, as always, if there is a possibility of legal action, do not forget to ask the Company to inform you in writing of the changes that will be applied, with their justification and any document providing evidence of these changes.

Downgrading an employee from professional status can be costly. A company had to pay compensation of 131,000 euros for unfair dismissal equivalent to an employee with 41 years of service who was relegated to a position of lesser responsibility. A decision of the Supreme Court of Madrid, in accordance with the law, ordered the termination of the employment relationship at the request of the employee for the violation of his professional training and the violation of his dignity. ? Can an employee be downgraded? Hello, I have been in the company for 8 years± with a boss contract, at the moment I am on medical© leave, can I be demoted from the professional category, be on vacation and then when I join? Thank you since 2008 I am a member of the team in my contract and in my appointments, I had this professional category until 2018, when the works council was formed and they appointed me assistant of the team staff, they lowered the category in the payroll, but I have team staff in my contract. Can they do that? I always do the same functions in my work. Be careful, even if the employee has a graduate degree, if he occupies a position that does not «require» it, he will be placed in the category according to his duties.