Guillermo Jiménez & Asociados


The National Court recognizes that a new employee in the company may be paid less for “being in a learning phase.”

The lawsuit pleaded for a ruling to annul Article 24 of the company’s collective agreement. This provision stated that new employees would not receive the same pay as current employees until approximately 36 months of tenure in the company. It argued that this established an illegal dual salary scale, attributing the wage difference to employee training. On the contrary, the union maintained that this provision of the collective agreement “establishes a dual salary scale for newly hired personnel that is not in accordance with current legality.” The National Court rules against the newly hired workers and although it acknowledges that the different date of entry into the company alone cannot justify a different method of assessing seniority in the collective agreement compared to other workers, the court declares the legality of the disputed article of the collective agreement and justifies that the wage difference is based on the need for training for newly hired personnel and does not constitute discrimination.

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