Start of main content

The company can deduct late arrival from the payroll

| News | Employment Law and Social Security

Alfredo Aspra analyses the ruling of the Audiencia Nacional that allows companies with a time register to deduct from their payroll the penalties for arriving late to work in an article published by El Economista

The Audiencia Nacional (High Court) allows companies with a time register to deduct the penalties for being late to work from their payroll. The ruling, dated 20 June 2019 and made public on Monday, rejects that this measure is a double sanction. In this way, the high court rejects a lawsuit that the CGT union filed against Atento.

Alfredo Aspra, partner in the labour area of Andersen Tax & Legal, highlights the importance of this ruling and states that the Audiencia Nacional "means the imposition of a fine in effect". In his opinion, when there is no effective provision of services by the worker, no salary is earned beyond the cases provided for legally or conventionally, or lack of effective occupation attributable to the employer. The ruling ensures that article 30 of the Workers Statute obliges the employer to pay the wages accrued in cases where the worker is unable to provide services for cause attributable to the employer. On the contrary, this implies that if he is exempt from paying those periods in which the lack of provision of services is attributable to the worker.

The full article can be read in El Economista

End of main content