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The daily wage is calculated by dividing all the days of the year

| News | Employment Law and Social Security

Alfredo Aspra analyses the Supreme Court's ruling that clarifies the calculation for the payment of salaries when a whole month isn’t worked

The Supreme Court clarifies that the daily wage for the payment of monthly wages when the whole month isn’t worked must be calculated by dividing the annual wage by the 365 days of the year. The Supreme Court, in its ruling of 25 November 2019, thus recalls its doctrine in cases of workers who have not been active for the whole month during the 31-day period, because they were temporarily unfit to work and joined the company once the month had begun, because they started working after the month had begun or because they joined the company after a period of leave after the month had begun.

"The salary system consisting of dividing the annual agreement salary by 360 days (12 months of 30 days each month, understood as a standard month), so that the company counts all the months of 30 days, implies that the workers who are in the aforementioned cases stop receiving one day's salary in the months of 31 days, which cannot be accepted in the work contract governed by the principle of reciprocity and reward", the ruling states.

"And, as such, it generates obligations for both parties, being a basic right of the worker to receive the remuneration agreed or legally established in accordance with the provisions of Article 4.2 f ) of the Workers' Statute", states Alfredo Aspra, partner of the Employment Area of Andersen Tax & Legal.

You can read the full article in El Economista

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