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Let´s comment two recent sentences, one of the European Union Court of Justice and the other of the Spanish Audiencia Nacional that follows the doctrine established by the European Court of Justice and amend the Spanish collective agreements between unions and companies.

In the sentence of the European Union Court of Justice of May the 22nd of 2014 an employee from a gas company claimed against his company because during his holidays, as he closed no deals for his company, didn´t arise any right to perceive commissions on the deals he close with clients and therefore that was against his right for a paid holidays, as during this time his wages went down in a very important amounts.

And the High Court of the European Union understands so and grants reason to the employee, establishing that this kind of employees are entitle during their holidays to received an average amount of the commission arisen in the last year. Otherwise they would be discourage to take on holidays and therefore they would be penalized on their wages because of holidays.

The Spanish Audiencia Nacional, amend the Spanish criteria of the collective agreements and establishes, following the doctrine of the European Court, that those collective agreements between unions and companies that fix the salaries of this kind of employees only on the basic salary are illegal, and they are entitle to received an average of the commissions arisen during the previous year before taking on holidays.

So, watch out on this for those employees on the commercial area that have variable wages according with the contracts they close with clients.




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