HE wage The salary we earn each month is a major concern for employees, not only because it is the equivalent of our professional work, but also because it determines our standard of living. Therefore, all employees should be made aware. reasons that allow companies to cut a portion of our revenueAnd pay us less more than expected
Although it seems unfair At first glance, there are legal conditions under which a company can do this. Let’s look at some of these situations.
When can your company deduct money from your payroll?
58.3 of the Labor Law. A company cannot penalize an employee by shortening his working time. holiday or any other entitlement to rest or a “must have fine”, which means a reduction of wages already earned.
This penalty of ownership means, in theory, that a company: punishing a worker for misconduct, but you can’t do this by reducing your salary, instead the sanction should be “work and salary”. In other words, they must go hand in hand, as deductions from days worked are considered illegal. However, there are exceptions to this rule.
Reasons why a company lowered our salary
There are situations where workers may receive lower wages than agreed, which can lead to a reduction in payroll:
In cases of permission common illness or accident Outside of work, the first three days are not paid as specified in the Labor Law. From the fourth day, temporary sick leave begins to be paid.
However, some collective bargaining agreements may cover these three days with a portion of our salary, so it is appropriate for you to review the agreement to check whether the company is liable to pay it. In addition, if we are working for the first time, we do not have the right to collect the days we are sick without paying a contribution for at least 180 days.
We may have the right to leave the job for good reasons, but all these permits are not paid. For example, we may have the right to go. strike, exam or we perform our union duties (if we are a union member) away from our duty, but these are not paid leave. For this reason, the company may reduce our salary for the days we are absent for these reasons. It’s worth reviewing the collective agreement once again to see if it offers more paid leave than is stipulated in the Labor Law.
If delays are frequent, The company may deduct from our salary the times that we arrive late and do not show up for work. This was considered a breach of contract by the Supreme Court. In this case, the “credit penalty” is not counted as no salary is generated.
There is an accumulation of serious or very serious defects or even minor defects that can lead to suspension of both work functions and pay. For example, this may be the case if an employee verbally or physically assaults a colleague. Collective agreements usually specify which actions can lead to such serious or very serious abuse.
In case of debt or non-payment, a lien may be placed on the salary. This can happen, for example, if money is paid to the debtor. Tax Office, SSI, even for traffic fines. Such an embargo can only be applied if there is a final decision by a court or a State administration, and the amount withheld will be proportional to the salary received.
It is important to note that companies are obligated to withhold any portion of the salary deemed necessary by the justice or administration. However, this embargo will only be applied if the salary received is more than the Interprofessional Minimum Wage (SMI). If the salary is less than or equal to the SMI, no foreclosure will be made. For the year 2023, SMI has been established with a monthly gross of 1,080 euros, as specified in Article 607 of the Code of Civil Procedure.