Understanding Salary Structures and Payment Criteria
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8.1 The Salary
The salary is the total economic benefit of workers, in cash or in kind, provided through employment services, regardless of the form of compensation or rest periods associated with work. Not every amount received by the worker's salary is considered: amounts received by the employee in compensation or supplements, benefits or compensation from social security (SS), transfers, suspensions, or dismissals. Remuneration Salary: includes weekly rest, holidays (whether recoverable or not), annual leave, and rest periods during the day. Therefore, benefits that are considered salary include: basic salary and allowances. Fringe Perceptions: are non-wage benefits, such as compensation or supplements for expenses, benefits or compensation from social security, and compensation resulting from transfers, suspensions, or dismissals. All of these are not paid for the performance of services but are compensatory in nature. Fringe Perceptions: are not taken into account for payment during rest periods and do not count towards the SS contribution.
8.1.2 Criteria for Determining Salary
The wage is determined per unit of time or by work unit (known as "piecework"). The determination of employer and employee wages must respect certain limits: collective agreements establish salary scales, wages cannot be discriminatory, and the minimum wage must be adhered to.
8.1.3 Structure of Wages
Wage supplements are set according to the circumstances surrounding the employee, the work performed, or the situation of the company. We can distinguish between: Personal Accessories (qualities or special skills of the worker, their level of training), supplements based on the work done (which depend on the quantity or quality of the job), and supplements according to the results of the enterprise. Special bonuses include Christmas bonuses and others agreed upon during the month.
8.1.4 Formal Requirements
The settlement and payment of wages must occur at a time and place agreed upon. Regarding the perception of the agreed remuneration, the payment cannot exceed one month, and the employee is entitled to receive advances for the work performed. If there is a delay in payment, the employee is entitled to an interest rate of 10%. If the delays are continuous, the worker may request termination of the contract and be entitled to compensation for unfair dismissal. The wage statement must be signed, and receipts must be retained for a mandatory minimum term of four years.