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Complaints for breach begin registration day
It's been three months since passed Royal Decree - Law 8/2019 to control the recording time and we can already see the impact.
Although labor inspection performed the first two months as advice, that as organ sanctioning, this grace period ended. work has multiplied notices of infringement proceedings.
On the other hand, as you can be noted positive results, since it applied the Royal Decree has experienced collapse of the 24% unpaid overtime and a slight increase in the paid summer 2%.
these regulations, in addition to providing benefits to the company, It is an endorsement for workers, which they are safer at work and supported to report violations infringing their rights.
The latter carried sentence has been to a beauty and hairdressing, que obligaba a sus empleadas a falsificar el registro de jornada.
Conviction of a judge a company by falsifying time control
the affected, working title was assistant hairdresser, with part-time contract six months training bonding. In this contract the terms of the agreement were collected, corresponding to 24 weekly hours with a salary approximately 680 euros.
But the reality was different, He worked as the day went beyond the contract 11 weekly hours, hours also did not charge.
On the other hand, the facts prove that the contract was signed after starting work at the center and reflects the employee went on to perform functions of greater responsibility, officially taking office hairdressing and beauty.
A year after signing, his boss informed him verbally that he was fired, justo al finalizar su contrato laboral.
In this situation, the employee decided to denounce stating that working full-time with a partial contract and also, that the owner forced staff to falsify records schedules.
Faced with these accusations, the company claimed that it was a termination of contract and unfair dismissal not only.
The case went to the Labor Court No. 3 Ciudad Real, which he analyzed the evidence and testimony.
The ruling stated that, the temporary contract is an exception to the general rule of indefinite employment relationship and, you need a valid reason for this type of recruitment. In this case, it is not considered to determine the cause why.
Another reason of fraud found, linking the training it was reflected in contracts, without the company can prove that it has done any training. Taking into account, the employee was promoted during his time in the company.
On the other hand, the settlement delivered to the employee was based on the Article 49 ET's (status of workers), criterion does not apply in cases of interim and training contracts.
Each of these factors, hacían más patente que las bases del contrato no se ajustaban a la realidad.
Threats registration day
the time control falsify also took into account.
The applicant claimed that the forced boss to all employees to sign and fill times over false data, It leaving is written working fewer hours than they really were taught.
If any refused to falsify hours, It is threatening him with dismissal or pay the corresponding fine with his own salary, He clarified employed.
The final judgment of the Labor Court No. 3 Ciudad Real, It was imposed on the undertaking an obligation to compensate the empelada with 1.090 euros o readmitirla y abonarle el salario que no disfrutó desde el cese.
Source: Five days (THE COUNTRY)