Success stories
Energy company sued by an employee (claim of rights and amount of compensation and absorption between salary concepts)
OBJECTIVE
- The lawsuit dealt with the claim of an employee who requested the non-application of the compensation and absorption mechanism of the salary concept of voluntary improvement with the increase of seniority.
- The objective was the total rejection of the claim in order to declare the correction of the compensation and absorption provided for in Article 26.5 of the Workers’ Statute, which had been regularly applied by the company.
- The special significance of the lawsuit did not lie in the individual economic interest of the case, but in the overall present and future economic effects that the estimation of the claim could have on the company.
METHOD
- An analysis was made of the criteria of the Supreme Court in relation to the concept of <<homogeneous remuneration element>>, as a requirement for compensation between remuneration concepts to operate.
- The strategy was focused on demonstrating that the items to be compensated were homogeneous and responded to an identical or similar cause of compensation, being, therefore, compensable and absorbable between them.
- To this end, the defence focused on describing the Supreme Court’s ruling, which represented a change in case law with respect to the last criterion maintained by our highest court, explaining to the Court that both seniority and voluntary improvement were homogeneous remuneration items and, therefore, the absorption of the voluntary improvement was allowed in the amount that increased seniority
RESULT
- The sentence was rejected, the Court concluding that the mechanism of compensation and absorption were perfectly applicable between voluntary improvement and the concept of seniority and, consequently, the company was absolved of all claims.
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