The Supreme Court determines that the delay in the payment of wages is a reason for terminating the contract and charging compensation

The Workers’ Council of the Supreme Court issued a sentence that establishes this A “serious” delay by the company in paying the employee’s salary justifies the termination of the contract job and receives compensation in an amount equal to the amount of unfair dismissal. Failure SupremeWith whom unifies the doctrineis part of the worker’s appeal to whom society where he worked he paid his salary, in one year, with an average delay of 10.5 days.

According to Europa Press, the company in question had debts with the General Treasury of Social Security and received pressures, embargoes and demands for payment from the Tax Administration. The worker asked the court to determine that this delay in the payment of his salary is the reason for the termination of the employment contract and order the company to pay damages.

He Supreme Court of Justice in Madrid (TSJM), in the sentence before the judgment of the Supreme Court, denied such right to the worker considering that the average of the delay in salary payment “was not excessive”, and that, as is the repeated practice, it was “perfectly foreseeable”, also taking into account that the company was in financial difficulties. The Supreme Court, on the contrary, does not share this argument and annuls the decision of the TSJM, realizing that the delay in the payment of wages for a full year in an average of 10.5 days” is sufficient to state the existence of a reason for termination of employment at the worker’s request, because the fact that the employer pays the salary payment at the appropriate time is a legal obligation” contained in the Workers’ Statute.

“Such seriousness occurs when the non-payment of wages is not a mere sporadic delay, but persistent behavior, so that the seriousness of the violation is manifested by the continuous performance of the obligation to pay the due wages,” reads the High Court’s verdict. . The Supreme Court considers it credible that the worker received his salary for the period from April 2019 to March 2020 with an average delay of 10.5 days, and that the salary payment for April 2019 was made in two payments, on May 20 and May. 31st, 2019

Compensation greater than 48,000 euros

The High Court considers this delay to be serious enough to declare the termination of the employment contract and order the company to pay the unfair dismissal compensation.

Specifically, and in connection with this litigation, condemns the company Sales and Technical Service Center pay the worker 48,232.73 euros as compensation.