LAW 6 – SALARY AND WORKING HOURS

PART 1: SALARY
CONCEPT AND TYPES OF SALARY

CONCEPT

REST PERIODS CONSIDERED AS EFFECTIVE WORK:

- Annual holiday
- Official holidays
- Paid leave
- Interruptions due to impediments attributable to the employer
- Intra-day breaks considered as effective work

Legal presumption: Presumption that all the economic perceptions received by a worker are salary,
unless there is evidence to the contrary.

Extra-salary perceptions  No Salary

- Compensations or supplies for expenses incurred for the work activity

- Social Security benefits or indemnities (paid by the company as supplementary social security)

- Compensation for transfers of employees, suspensions or dismissals

TYPES OF SALARY

The salary can be paid cash or in kind:

1. THE SALARY IN MONEY

Can be paid in legal tender or by bank check or other form of payment through a credit institution.

The Jurisprudence has considered that:

- The worker can choose between nominative check or check to the bearer
- That he does not have free time to collect it
- Worker is not obliged - if it is through a bank transfer - to open an account at the credit
institution that the company indicates.
2. SALARY IN KIND.

Important Limitation  It can not exceed 30% of salary or reduce the amount of the Minimum
Interprofessional Salary.

SALARY STRUCTURE

Salary setting generally corresponds to the Collective Agreement applicable to each company.

- This regulation may be supplemented by the one established in the contract → provided it
does not establish conditions less favorable or contrary to those determined by the Collective
Agreement.

Base salary: The remuneration fixed per unit of time or per unit of work.

Salary complements:

1. Depending on the worker's personal circumstances: Due to their age, special arrangements
(for example knowledge of a special task, knowledge of a language, etc.)

2. Depending on the work done: especially the content of the job  hardship, toxicity, danger, dirt,
night work, residence, insularity, navigation, flight, shifts ...

Other complements of this type are complements for quality or quantity of work: productivity bonuses,
attendance, punctuality…

3. Complements depending on the situation and results of the company: It includes very diverse
systems of participation in benefits. Although in practice, it is frequent that supplements with this
denomination provided for in Collective Agreements have a fixed amount regardless of the results of the
company.

As these complements depend on variable circumstances, the issue of consolidation arises: Art.26.3 of
the Workers' Statute refers to the provisions of the Collective Agreement or the work contract and if
these do not set anything, these supplements can not be consolidated.