Sanctions in the world of work are the order of the day,both to companies and workers. A company is in a position to sanction a worker when the worker does not meet its obligations, but at the same time, the company may also be sanctioned,either because it violates any rules in the performance of its activity, or for breaching contractually agreed working conditions with its workers.
Labour offences may be punished administratively or criminally,both those imposed on companies and workers. In addition, sanctions on workers also by employersthemselves, who can make use of their disciplinary capacity in the field of industrial relations.
Aware that it is an issue that generates multiple doubts and directly affects any employee or employer, from AYCE we will review the main labor sanctions that can be imposed on companies and workers.
Labour sanctions on workers
The undertaking may impose labour sanctions on workers who for non-employment,as set out in Article 58 of the Workers’ Statute. The conduct to impose such sanctions must be contained in one of the provisions contained in the Workers’ Statute, or in the collective agreement of each undertaking.
The Workers’ Statute itself provides for three types of labour sanctions on workers:
- Disciplinary dismissal.
- Suspension of the employment contract
- Warning, verbal or written. This penalty should not be accompanied by a penalty of employment and/or pay.
It also sets out what causes will be considered breach of contract:
- Repeated and unjustifiable lack of assistance or punctuality.
- Lack of indiscipline or disobedience in the workplace.
- Physical and/or verbal offenses to co-workers or family members who live with them.
- Transgression of good contractual faith and/or abuse of confidence in the performance of the work.
- Continued decrease in work performance.
- Performance of work in a state of intoxicated or drug addiction.
- Harassment based on racial or ethnic origin, religion, disability, age or sexual orientation.
- Sexual harassment or sexual harassment of the employer or workers of the company.
On the other hand, these faults are divided into mild, serious and very serious labour sanctions. Such graduation must be included in the collective agreement applicable to the activity of the undertaking.
- Minor mis faults:Minor mis faults usually carry a verbal or written warning, which may be accompanied by a suspension of employment and pay for a few days.
- Serious mis faults: such mis faults are often admonished with a wider suspension of employment and pay of about one month.
- Very serious mis faults:the most serious mis faults are punished with suspension of up to six months of employment and pay, and in some cases even with dismissal.
In the case of serious and very serious penalties,they must be communicated to the employee in writing, indicating the type of infringement he has committed, the type of sanction to be applied to him, as well as the date on which the penalty will take effect. If not, the penalty would be declared null and void.
If a sanctioned worker does not agree to the sanction imposed, he has 20 days to appeal the sanction to the social jurisdiction,which they will begin to count when the company communicates the sanction to the employee.
Labor sanctions on companies
Similarly, labour sanctions on companies may be for different reasons, which are contained in the Law on Infringements and Sanctions in the Social Order.
These labour sanctions are also divided into minor, serious and very serious mis faults:
- Minor faults:to their lowest degree can lead to penalties from 60 to 125 euros, medium-grade penalties from 126 to 310 euros, while slight absences of maximum degree are punished with fines from 311 to 625 euros.
- Serious fouls:serious minor fouls carry fines from EUR 626 to EUR 1,250, medium-grade bass from EUR 1,251 to EUR 3,125, and maximum grade bass from EUR 3,126 to EUR 6,250.
- Very serious fouls:very serious minimum-grade faults result in penalties of between EUR 6,261 and EUR 25,000, very serious average-grade ones between EUR 25,001 and EUR 100,005, and very serious ones at their maximum level can reach EUR 187,515.
On the other hand, a company may also suffer labour sanctions fornon-compliance with the collective agreement, in the area of prevention of occupational risks, industrial relations, etc.
Penalties for non-compliance with collective agreements are higherthan the above, in some cases cuadruplicating them:
- Minor faults:to a minimum degree they are punished with fines of between EUR 40 and EUR 405, in average with fines from EUR 406 to EUR 815, and to the maximum degree with fines from EUR 816 to EUR 2,045.
- Serious fouls:minimum-grade ones carry penalties of between EUR 2,046 and EUR 8,195, medium-grade penalties of between EUR 8,196 and EUR 20,490, and those of a maximum degree of between EUR 20,491 and EUR 40,985.
- Very serious fouls:very serious minimum grades are punished at between EUR 40,986 and EUR 163,955, those of medium grades with fines of between EUR 163,956 and EUR 409,890, while those of maximum degree fines of EUR 409,891 to EUR 819,780.
The degree of each infringement is established by the Administration,taking as reference criteria such as negligence or bad faith, willingness of the employer to commit fraud, etc.
Whether your company has suffered a labor penalty, you have questions about how to sanction your employees, or simply want to take steps to prevent possible penalties, contact AYCE Laborytax’s job advisors.
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