The extra pay It is not something at the discretion of the employer, an acquired right or a business custom, but rather it is a fully recognized right by the Workers’ Statute in its article 31, of ‘Extraordinary Gratuities’.
Specifically, the text says that the worker is entitled to two extraordinary bonuses per year, one of them on the occasion of the Christmas holidays and the other in the month that is set by collective agreement or by agreement between the employer and the representatives. workers’ laws.
How many extraordinary payments are there
In other words, strictly speaking, the standard only includes Christmas extra pay, leaving the other as agreed in the collective agreement. However, most companies do this second extra payment in summerin the month of June, coinciding with the beginning of the holidays.
In some cases, collective agreements establish more you paynormally called benefit pay, but all workers are entitled to two annual bonus payments.
The aforementioned payment of benefits in reality at this time is not linked to whether or not the company has benefits; in almost all cases it has been consolidated as a workers’ right.
The company and the workers can also agree prorate pay during the twelve months of the year and charge a little more each month.
How much is charged in the extra?
What is charged in the extraordinary pay comes determined by the collective agreement or in the company agreement, although the amount to be received should never be less than 30 days of base salary or the interprofessional minimum wage (SMI), which in 2022 is 1,000 euros per month for 14 payments (€33.33 per day or €14,000 per year)
In other words, in general, the extra pay received by the worker is equivalent to the base salary collected on their payroll, which is some extra can be added.
How to know what the base salary is
The base salary is the salary agreed between the worker and the company not including accessories salaries, such as seniority, dangerousness or night work. This amount must be specified in the employment contract. The sum of the base salary and salary supplements can never be less than the minimum interprofessional salary (SMI).
According to the Workers’ Statute, the base salary is a “remuneration set per unit of time or work” which, according to studies by the National Institute of Statistics, in practice accounts for more than 65% of salary.
Source: Lasexta
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