Can delays at the start of the day be deducted from the payroll?
BY Lefebvre, 02:45 – 08 July 2021
The TS confirms that the company can deduct directly from the payroll the minutes of delay in the entry signatures due to the lack of punctuality of the worker. It is not considered a fine to be had since it is necessary to deduct earned wages, which does not take place if there is no actual supply of work.
A contact center company deducts directly from the payroll of its employees the part corresponding to the minutes of delay they incur when they take up their duties. The CGT union is filing a class action claiming that this practice be declared against the law. The NA considers this commercial practice to be legal and rejects the request. The TS confirms the sentence based on the following arguments:
The existence of difficulties in compensating for delays in a different post is considered to be true. The company provides contact center services on hourly or half-hourly sized contracts and workers are assigned to specific shifts on a fixed schedule.
The salary rewards working time or rest time that can be counted as working time. But in the absence of service provision for reasons attributable to the worker, the service provision leading to the accumulation of earnings does not match. And that does not imply a fine to be had.
There is no double sanction as the company also sanctions absences and lateness by reprimands, suspensions of employment and salary or by dismissals
More information: Lefebvre
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