REWARD GIVEN TO WORKERS COMPENSATION
Wednesday, May 19, 2010
Jackinworld In The Shower.com
BONUSES. Bonus paid quarterly. WAGE NATURE .
In a recent decision: "Luciana Fernanda Lopez c / Disco SA s / redundancy" - CNTRAB - 25/03/2010
The House Labor has cited a whole and may not be applicable to the case.
a whole, is when they meet all the rooms of a camera to unify criteria.
can not believe that members of the remuneration when it comes to reward exceptional circumstances or for certain grants the employer the worker, not when those perks come to be called that way, but in reality hides a working reality, totally different. That is, make up the remuneration if and only if, those perks are not such, and are called so as a fraud to the labor law, or under certain circumstances as in this case could not prove what was the purpose of these bonuses, which meaning the employer grant the extra amount to the worker.
reads: "In order to calculate a quarterly bonus paid ... I do not find reasons for applying in this case the whole above (" Tulosai, Alberto Pascual v. Central Bank of Argentina s / Law 25,561 " because the employer has not demonstrated that it paid out a bonus related in any way with particular the employment relationship, or that payments correspond to any valid reason in the nature of the task. Hence, the fragmentation of payment without valid reason, I seem to be anything other than a mode to meet the salary. "
" The whole reference ("Tulosai, Alberto Pascual v. Central Bank of Argentina s / Law 25,561 "excludes cases of fraud, which of course does not require any intent, which in my view important to set that salary has been fragmented as unexplained or functional. In this regard, I note that the deferred amount is paid on a monthly incidence of 36% of the salary received by the working. Therefore, in the absence of evidence to suggest that there is a real bonus, said that giving the sense of a special compensation for work done, I believe that the amounts paid are in the nature of wages and not enough to mention the existence of a bonus, when it is not clear nor does it establish what is the property of the wage provision in question. "
source: http://www.eldial.com.ar/
Dr. Romina Nieva
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