Salary supplements must be included as computable items in the payroll for the vacation period, as established by a Supreme Court ruling. It also states that, apart from those already included in the applicable collective bargaining agreement, supplements for attendance hours, night work and holidays and Sundays must be included as computable items in the calculation of holiday pay.
The ruling points out that remuneration “must be considered normal for holiday purposes if it is received for six or more months out of the eleven preceding the holiday, or in the same proportion if the services provided are lower”.
This ruling was handed down in the context of a conflict that ended with the filing of a lawsuit by CC.OO. before the social chamber of the High Court of Justice of Catalonia against the Catalan Association of Ambulance Companies (ACEA).
It declared the right of all workers affected by the scope of this conflict to have their holiday pay include the annual average of all their pay, which must include the following items: agreement salary, seniority bonus, attendance and punctuality supplement, hours of presence, specific remuneration for night work and public holidays and Sundays.
As a result, the High Court of Justice of Catalonia condemned ACEA to pay, during the annual holiday period, the remuneration corresponding to the average hours of presence, the night differential and the Sunday and public holiday differential, under the terms requested.