On 29 October 2021, the Third Chamber of the Supreme Court of Justice (SCJ) established that it is legitimate for the employee to request a review of his salary, if the employer changes the modalities of the labour service.
The termination by the employer, because the employee did not comply with the new working hours, was unjustified because the employee accepted it on the condition that his salary would be reviewed. Thus, it is reasonable for the employee to request a pay raise in response to the company’s proposal to increase the shift hours.
The increase in working hours without the worker’s consent is an abusive use of the power of direction, which is the employer’s power to introduce unilateral changes in the employment contract.
Key Action Points for Human Resources and In-house Counsel
If the company needs to increase the working hours because of the nature of the service, it needs to get the employee’s consent. Also, it is suggested that the employee’s wages be raised.