The Supreme Court of Appeals Department announced a sentence stating that a “serious” delay in paying a worker’s salary justifies the company’s termination of the employment contract and will be compensated by an amount equivalent to the amount of the wrongful dismissal.
The Supreme Court decision, which combined the doctrine, Part of an objection made by a worker paid by the company he works forover a year, with an average delay of 10.5 days. The company in question had debts to the company. Restrictions, embargoes, and payment requirements from the Social Security General Treasury and Tax Office.
The worker is responsible for this delay in the payment of his salary from the Justice.to terminate the employment contract and to award compensation to the company.
The Madrid High Court of Justice (TSJM), in a judgment before the Supreme Court, did not give this right to the worker, considering that the average delay in payment of the salary was “not excessive”, and that it is “absolutely predictable” given that the company is experiencing financial difficulties, as it is a recurring practice.
On the contrary, the Court of Cassation does not agree with this view and, realizing that TSJM delays its salary payment for an entire year, it annulled its decision by an average of 10.5 days. “Since it is a legal obligation for the employer to pay the payroll on time, it is sufficient to declare the existence of reasons to terminate the employment relationship at the request of the employee.” included in the labor statute.
“Such seriousness arises when non-payment of wages is not just an occasional delay but persistent behavior, thus the seriousness of non-compliance. continuation of duty to pay wages owed‘ refers to the decision of the Supreme Court.
Superior In the period from April 2019 to March 2020, reported that the worker received his wages with an average delay of 10.5 days, and the salary payment for April 2019 was made in two payments, on 20 May and 31 May 2019.
HE Supreme Court considers that this delay is serious enough to terminate the employment contract and order the company to pay the compensation provided for the wrongful termination.
Specifically and in relation to this caseVentas y Servicios Técnicos de Centro ordered his company to pay the worker 48,232,73 Euros as compensation.