The lack of punctuality that the worker has may be deducted from the worker’s salary. This is provided in a ruling of the Supreme Court last May, advanced by ‘Expansión’ and to which ABC has also agreed. In the event that the position is not accessed at the indicated time and without just cause, said part of the working day that has not been satisfied may be taken from the payroll.
In a case of the General Labor Confederation (CGT), which was later joined by more unions, Atento was asked to declare “as contrary to law the business practice consisting of deducting directly from the monthly payrolls of workers the delays in the transfer of entry, and, consequently, the right of workers to be paid the differences in remuneration that this practice may have caused them to their detriment ”. The National audience dismissed the case and the centrals went to the High Court, which has once again agreed with Atento.
“The controversy in dispute lies in determining whether it constitutes a fine if Atento’s business practice consists of not paying its workers the remuneration corresponding to the time in which they do not provide labor services due to employee delays,” says the Supreme. It also adds that the company provides ‘contact center’ services with clients according to hours or even half hours, and that “unjustified delays of workers in their incorporation to their jobs can lead to penalties for the company . It is declared proven that there are difficulties in compensating for said delays with work carried out on a different shift ”.
The High Court explains that “the salary compensates the actual work or the time of rest computable as work”, and accordingly, during the time that one is not in the position, no salary is accrued, “Without this implying a fine if there is”.
“There has not been a salary discount actually earned by the worker,” settles the Supreme Court ruling in its ruling, dismissing the trade union appeal.