Comisiones Obreras Lanzarote has publicly denounced the alleged commission of an "irregular practice" which it has stated occurs "recurrently" in the remuneration and social security contributions for work performed on holidays in supermarkets across the archipelago.
According to the information reported by the union, "in various companies in the sector, a fixed amount would be paid for working on holidays, presenting it as a bonus or gratuity." However, Comisiones Obreras has recalled that hours worked on Sundays or holidays "should be considered overtime, as they are not included in the annual ordinary working hours established in the agreements," according to article 47 of Royal Decree 2001/1983.
Irregularities in Social Security Contributions
The union has pointed out that the "most serious irregularity" and on which it "focuses its alert" is the contribution to Social Security.
"The law clearly states that overtime hours must be contributed with an additional surcharge," he indicated that overtime hours not motivated by force majeure must "increase the contribution base by an additional 28.3%". Therefore, CCOO has denounced "indications that this reinforced contribution is not being applied in numerous cases, which would constitute a serious infraction".
The union has insisted that if this practice is confirmed in the supermarkets of the Canary Islands, it would be directly harming the future rights of workers, diminishing their contribution bases and, therefore, their benefits for unemployment, temporary disability, or retirement pension". Furthermore, it has pointed out that it constitutes "unfair competition between companies, by artificially reducing labor costs irregularly".
Faced with this situation, CCOO has demanded that companies in the food and supermarket sector undertake "an immediate and exhaustive review of their classification, remuneration, and social security contributions for work on public holidays". In addition to an immediate regularization of the corresponding social security contributions, "applying the established legal percentages".
The union has warned that, if a satisfactory response is not received or regularization is not carried out, it will proceed to exercise "all legal and administrative actions at its disposal, both individually and collectively, as well as through complaints to the Labor and Social Security Inspectorate, to defend workers' rights".
