ICONOS FINALES-TRAZADOS

Is suspension of employment and salary on weekends allowed?

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Although setting the penalty on non-working days may seem like a solution to reduce the organizational impact, it is not correct.

Is suspension of employment and salary on weekends allowed?

When a company wants to penalize an employee, but at the same time needs them to provide services and does not want to dismiss them, it may consider suspending them from employment and salary —including weekends— so that they work less. Well, this measure is not correct. For these purposes:

  • The penalty of suspension of employment and salary implies that the employee does not provide services and, therefore, does not receive the salary for those days. Therefore, the penalty must be served on days when the employee was supposed to work.
  • If the employee is not required to work on Saturday or Sunday, employment cannot be suspended on those days because there is no work performance.

In addition, according to the Workers' Statute, sanctions that consist of reducing the duration of vacations or any other reduction of the worker's rest rights cannot be imposed. Using the weekly rest as part of a penalty is incorrect. In this regard:

  • The employee's right to weekly rest is already earned. This means that if they have worked from Monday to Thursday, they have already earned the right to rest on Saturday and Sunday.
  • Therefore, the company cannot "suspend" a right that has already been acquired through effective work during the week.

For example, if an employee works from Monday to Friday and the company wants to impose a three-day suspension of employment and salary, it must do so on three working days.

 

Our professionals will provide you with information on any doubts you may have regarding the imposition of penalties on employees.

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