Supreme Court dismissed extraordinary review, ruling backdated wage adjustments violate equal treatment principles.
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the extraordinary review filed by the Ministry of Labor against a lower court's order for backdated wage equalization. The plaintiffs argued that a collective agreement clause granting future salary increases to all employees violated their rights as former workers. The court held that while the payment was not a direct backdated raise, it was strictly tied to work performed in the specific period, making its denial to former employees a violation of equal treatment and wage principles.
Regeste Legislator
Généré par l'IAArt. 80 KP; Art. 78 KP; Art. 11 ust. 2 KP: A salary adjustment linked to work performed in a specific period constitutes remuneration for work in the broad sense, and denying it to employees who worked during that period violates the principles of equal treatment and fair compensation.