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How much is the night hour paid?

The labor division of the Supreme Court is creating a new doctrinal line in which collective bargaining is taken into consideration when establishing the average remuneration that an employee is entitled to during his annual leave period. Thus, the employee, for the duration of his annual leave, must maintain his usual full remuneration.

If judgment 496/2016 is analyzed, the case required that excluding from vacation the commissions for habitualidd received by workers on a monthly basis for the elaboration of their tasks should be declared as contrary to law. The SC considered that commissions and other incentives that are variable to production must be included in the ordinary vacation pay in the case in which the workers enjoy it with a certain frequency.

In short, these incentives and vacations are a form of remuneration that must be paid to the employees during the period in which they enjoy their vacations. This would be in compliance with Convention No. 132 of the International Labor Organization (ILO) which, in Article 7.1, refers to the average or normal remuneration interpreted in accordance with European Union law.

Wage supplement

To order the registration of the aforementioned Agreement in the corresponding Register of collective bargaining agreements and collective bargaining agreements with operation through electronic means of this Management Center, with notification to the Negotiating Committee.

1. This Agreement, its interpretation and application, is governed by the principle of equality and non-discrimination for personal reasons enshrined in art. 14 of the Constitution and 17.1 of the Workers’ Statute, and especially by the principle of effective equality of women and men that has developed the Organic Law 3/2007 of March 22, whose provisions are considered as the primary interpretative reference of this Collective Bargaining Agreement.

All references in the text of the agreement to “worker” or “employee”, or “workers” or “employees”, shall be understood to refer indistinctly to the persons, men or women, who work in the EDPE Group companies.

This Agreement shall be applicable to all personnel who are on the payroll of the aforementioned Companies during the period of its validity, regardless of the type of employment contract.

Night bonus

Wage supplements can be consolidable or non-consolidable, i.e., they can be demandable when the conditions under which the specific wage supplement was granted change.

With regard to the consolidable or non-consolidable nature of the salary supplements, i.e., that they cannot be modified or eliminated unilaterally by the company, it is the collective agreement that must reflect this. Failing this, the rule of non-consolidation of bonuses linked to the job and to the situation or results of the company applies (SC 20-12-94, EDJ 10476; 7-7-99, EDJ 22418; SCJ Madrid 28-10-13, EDJ 226506).

Wage supplements linked to the job or to the situation and results of the company cannot be consolidated, unless otherwise agreed. Normally a non-consolidated supplement is fully related to the work to be performed.

We could say that this type of allowances are received by an employee on an ad hoc basis and on rare occasions when the professional activity is being carried out in the job. For example:

Reduced working day

RESOLUTION of January 23, 2020, of the General Secretariat of Employment, providing for the registration and publication of the III Collective Bargaining Agreement of the company Autopista Central Gallega, Cesa.

Having regard to the text of the III Collective Agreement for the company Autopista Central Gallega, Cesa, which was signed on December 5, 2019 between the employer representation and the trade union organizations CC.OO., UGT and CIG, and in accordance with the provisions of Article 90, paragraphs 2 and 3, of Royal Legislative Decree 2/2015, of October 23, approving the revised text of the Workers’ Statute Law, and Royal Decree 713/2010, of May 28, on registration and deposit of collective bargaining agreements and collective bargaining agreements,

This collective bargaining agreement shall be applicable, within its functional scope, to the work centers, facilities and dependencies of the company Autopista Central Gallega, Cesa (hereinafter, Acega, the company or the highway), currently existing in Galicia and those that may be created in the future.