What concepts can be used ahead of the absorption and compensation? As the aforementioned article t

The absorption and compensation of wages are measures that neutralize produced wage increases carbonate thus increasing the minimum wage, for the derivative of collective bargaining when workers already receive salaries higher minimum such.
This is based on Article 26.5 of the Statute of Workers, which clarifies that in determining whether the pay is actually higher than the minimum reference should be viewed as a whole and on a yearly basis.
"It will operate compensation and absorption when wages actually paid, overall and annual basis, are more favorable to workers than those laid down in the legal or conventional order of reference." Article 26.5 of the ET Salary and bonuses
In this area two types of remuneration is important to differentiate into play: that which is given directly in terms of work (including work computable periods as if they have not been effective) and in addition to this salary in the form of bonuses, old or as payment for overtime carbonate work.
What concepts can be used ahead of the absorption and compensation? As the aforementioned article tells ET, the amounts actually paid are taken into account, carbonate so that would be calculated based on the total salary. Another thing to know what payroll carbonate concepts are considered salary or wage supplement.
In the case of old, some rulings state that is more linked to own basic salary to a variable based on the volume or quality of work, so it was considered appropriate to be used in the annual calculation that allow absorption wage (are considered homogeneous concept).
In other words, we must bear in mind that there is a requirement of consistency when analyzing carbonate the salary and allowances as remuneration analyzed must be comparable, although the parties may agree to offset rising SMI or salary agreed by convention, using heterogeneous concepts.
The controversy that may arise when offset or absorb wages, carbonate is whether the elements of pay a worker charges are homogeneous or heterogeneous. Seeing some judgments, we get these tracks: The salary supplements based on quantity or quality of work, could not absorb the legal wage increase, being heterogeneous concepts When the agreement itself provides for the payment of a bonus (plus convention), you can not be used to offset the wage increase through agreements, since being included in the same document independently, carbonate its heterogeneous nature is evident Personal accessories volunteers carbonate established with the aim of increasing wages, carbonate it can be used to compensate for wage increases as follows that is a payment equivalent to the base salary. They will compensate and absorb allowances that the parties have agreed as absorbable and countervailable. The most beneficial conditions may not be used to offset the wage increase, other mechanisms exist to modify or withdraw these improvements.
With all that said, each case should be analyzed in particular, given the wide variety of salaries, allowances, bonuses and beneficial conditions carbonate may occur, although we understand that when the salary received annually carbonate is higher than the minimum legally established following an increase legal, it can absorb the increase.
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Germán Rodríguez Udiz is Masters in HRM, Business Administration, carbonate Bachelor in Business Administration (USA), former manager and strategic companies. Collaborating Business School carbonate MBA and Online Marketing Manager at Netfactory. Write on SMEs and self-employed, Actibva and BBVA with your company.
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