Teleworking has been one of the formulas that different companies have opted for as a form of organization. Although it is an option that offers us greater flexibility and conciliation between the personal and professional spheres, this does not mean that we should not comply with a series of rules that are basic for the proper functioning of the company of which we are part. One of the most important is punctuality.
The punctuality It is one of the most important aspects for the proper functioning of any company. Regardless of whether we have a certain flexibility in entering and leaving, it is always important to respect the schedules that are defined by our employer to avoid problems. The consequences of not complying with the stipulated schedules are very diverse: whether we work remotely or in person. But, ultimately, they could end up taking away part of our pay and even firing me if it is a practice that has been withdrawn over time, as established by the judgment 2264/2021 of the Supreme Court, as reported by the Huffington Post.
A lower salary
This ruling is based on Article 30 of the Workers’ Statute. According to it, “The worker will retain the right to his salary if he does not provide services for reasons attributable to the employer and not to the worker.“. However, “If the lack of provision of services is attributable solely to the worker, who is late upon returning to his or her job without justified cause, there is no provision of labor services that entails the accrual of remuneration.“That is, it is possible to take into account the time that the worker is not performing his duties to calculate the final payroll amount.
The explanation is that since the worker has not performed his duties during the entire working day, it is understood that he has not earned his full salary. Therefore, it is contemplated that the company may choose to not pay the salary which corresponds to the entirety of his workday, since he was not at his post. In the case referred to in the ruling, the company did not allow employees to recover the hours once finish his work day, since in this specific case work was done in shifts and the functions would overlap. Therefore, this alternative does not exist as a solution.
However, there is no need to panic. This does not mean that the company will charge us a fee for a one-off delay. a few minutes of our roster: regardless of whether we work remotely or in person. This could only happen if these delays become a regular occurrence and provided there is no justification for this.
A dismissal
As we have already anticipated, the reduction of the payroll is not the only consequence that continued delays could have. Ultimately, the Workers’ Statute states that it would even be possible to reach a disciplinary dismissal. That is, a dismissal without the right to compensation, although with the right to unemployment. Specifically, Article 54 states that disciplinary dismissal could occur as a consequence of the “repeated and unjustified absences or lack of punctuality at work”.
However, in addition to studying the collective agreement This would be key to knowing how many delays would be necessary for such a dismissal to be justified, and each case would also have to be analysed specifically for such a situation to arise.