スペインの最高裁は、2012年の労働改革で、十分な理由があれば企業は一方的に労働者の賃金を引き下げられると保証する
El Supremo avala la rebaja unilateral de los salarios por las empresas
El Tribunal defiende que Cortefiel recortara las retribuciones por la caída de ventas
El fallo advierte que la reforma laboral no justifica el 'dumping social'
Ramón Muñoz Madrid 19 FEB 2014 - 14:45 CET
The Supreme supports the unilateral reduction of wages by firms
The Court argues that Cortefiel salaries slashed by falling sales
The ruling notes that the labor reform does not justify the 'social dumping'
Ramón Muñoz Madrid 19 FEB 2014 - 14:45 CET
Companies can unilaterally reduce the wages of their employees if there are reasons to justify it as the fall of sales, as stipulated by the labor reform approved in 2012. This is stated in the doctrine of a Supreme Court that supports the measure adopted by the Cortefiel group in July 2012 to unilaterally reduce the fees they perceived their billing vendors.
The Social Chamber of the Supreme Court judgment in a ruling on 27 January that has known this Wednesday, dismisses the UGT and CCOO against the previous judgment of the High Court deemed justified insofar reduction commissions for the sales decline .
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The statement argues that the labor reform of 2012, the salary may be revised downwards by the unilateral will of the employer to limit the remuneration prescribed by the collective agreement and only in the amounts that the employee perceives as improved agreement.
For Cortefiel, the Board considers that the fall in sales in the textile and retail business in the sued group justifies changing conditions consistent set a minimum floor to receive the sales commission .
However, the Supreme Court leaves a loophole for non- implementation of this controversial article of the labor reform of the PP government , to understand that the judicial protection that goes beyond mere compliance with the law enforcement . Thus, the ruling makes clear that judicial review is not limited to verifying that the changes are related to competitiveness, but the courts are also responsible to assess the "reasonable fit between the proven cause and agreed amendment " on excluding however, that "through the degradation of working conditions can be reached what is called social dumping given that although all wage cut implies increased competitiveness can not be admissible in any terms."
He cites as a reference of this doctrine the founding objective of the European Union (Article 151 of the founding treaty ) to improve working conditions to which subordinates the need to maintain the competitiveness of the EU economy .
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