What can be included in the global wage agreements?

The TSJ declares that the remuneration of vacations, holidays, basic salary and salary supplements, seniority, nocturnal or extra payments can be the object of a global salary pact; but, in no case, overtime. The pact of global salary is previous and regarding the extra hours, normally, it is not known in advance if they are going to be worked, their number or if they will be paid or compensated with breaks. In addition, your number is legally limited.

The debate is focused on deciding if extra hours should be included in the global wage pact.

The TSJ recalls that the global wage pact, foreseen in the applicable agreement, has its origin in a labor use in which the worker does not receive his retribution for a single agreement but for several very different from each other. It is an express stipulation by which the employer remunerates the worker with an amount equal to or greater than that which would correspond by strict application of the wage levels legally or agreed collectively.

That is to say, the intention of the parties is that this amount covers all possible remuneration obligations for concepts other than the strict salary that for the normal working day and in normal circumstances corresponds to pay the employer.

However, the applicable agreement defines the remuneration concepts that may be the subject of a global salary pact: the remuneration of vacations, holidays, base salary and salary supplements, seniority, night-time or extra payments; or currency break. As a result, it is not possible to compensate overtime with what is received by said agreement.

The TSJ declares that the pact of global salary is previous and regarding the extra hours, normally, it is not known in advance if they are going to be worked, their number or if they will be paid or compensated with breaks. In addition, overtime is legally limited and it is forbidden to exceed the legal limits established for the number of overtime hours to be performed.