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What prohibitions exist in imposing a sanction to a worker on the occasion of a lack in the workplace?

Article 58.3 of the workers ‘ statute prohibits penalties involving reduction of the duration of holidays or other impairment of the rights to the rest of the worker or fine there.

With respect to the first, which prohibits the norm is the reduction of holiday and any permission or license, legal or conventional result of the provision of services.

In what refers to the fine, what is prohibited is this as punishment, with demand for the labor obligation, is deducted part of the fee, not the suspension of employment which, as such, implies the non-provision of services at the arranged time, and therefore, at this time the suspension of remuneration of wage.

Could it be the case that the performance of the worker involves the loss of certain accessories of quality (plus care, Convention plus, quality plus.). These losses would have full validity, but not as punishment, as the term «have» includes a top salary extension.

In regards to the sanctions involving loss of Professional category, change of functions, or disqualification for the climb are contained as a sanction in some collective agreements, should note the following: article 35 of the Spanish Constitution establishes as a right of the worker professional promotion. This right could collide with the possibility of being penalized if the sanction will involve the indefinite disqualification to a superior or to the rise; otherwise, i.e., limited in time, is perfectly possible whenever there is a gradation between the penalty and the fact punishable.

It should not be forgotten that proportionality is the basic principle of the penalties law (article 25 EC): the penalties provided for should be proportionate to the seriousness of the violation, and it is also a disproportionate penalty is arbitrary and therefore would not accomplish its remedial and deterrent function. Sanctions must have «ranking» in accordance with the legal provisions or collective agreement. Such graduation at a first level corresponds to the entrepreneur, this selected, before the breach of the worker, that sanction, prior subsumption of the fact in the norm, is that we must not forget that a breach and its significance is different because of the activity, and thus in some activities can qualify for mild and other very serious or serious. In a second phase is judicial control.