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SPAIN SP.1

SPAIN SP.1 Holidays with pay ― purpose ― remuneration ― applicable law HEADNOTES Facts Some employees of the Spanish National Railway System (RENFE) in the autonomous community Castilla-La Mancha submitted to the competent social court a claim that remuneration taken into account for the purpose of fixing holiday pay should include a bonus "for greater devotion'' paid to drivers in virtue of article 168, no. 18 of the consolidated text of the staff regulations of RENFE, which was an integral part of the collective agreement of the undertaking. The plaintiffs argued that the bonus in question should be averaged for the purpose of the remu- neration in question, by reference to article 7.1 of ILO Convention no. 132, which provides that workers should receive at least their normal or average remuneration as holiday pay. The court of first instance rejected the claim. The workers appealed to the Superior Court of Castilla-La Mancha (Social Chamber) which allowed the appeal. The undertaking (RENFE) appealed to the Supreme Court in cassation, with a view to the harmonisation of case law; it alleged that the decision of the Superior Court conflicted with those of other Superior Courts in cases substantially identical with the one http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160292X00258
Publisher site
See Article on Publisher Site

Abstract

Holidays with pay ― purpose ― remuneration ― applicable law HEADNOTES Facts Some employees of the Spanish National Railway System (RENFE) in the autonomous community Castilla-La Mancha submitted to the competent social court a claim that remuneration taken into account for the purpose of fixing holiday pay should include a bonus "for greater devotion'' paid to drivers in virtue of article 168, no. 18 of the consolidated text of the staff regulations of RENFE, which was an integral part of the collective agreement of the undertaking. The plaintiffs argued that the bonus in question should be averaged for the purpose of the remu- neration in question, by reference to article 7.1 of ILO Convention no. 132, which provides that workers should receive at least their normal or average remuneration as holiday pay. The court of first instance rejected the claim. The workers appealed to the Superior Court of Castilla-La Mancha (Social Chamber) which allowed the appeal. The undertaking (RENFE) appealed to the Supreme Court in cassation, with a view to the harmonisation of case law; it alleged that the decision of the Superior Court conflicted with those of other Superior Courts in cases substantially identical with the one

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1991

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