The Social Chamber of the Supreme Court has unified doctrine on the payment of salaries and considers that it is the employer who has to prove that they paid the salary of the employees, even in cases in which the payment is in “black” money.
According to the appeal, “it is the company that has the mechanisms to demonstrate payment and not the worker, who cannot be required to provide a negative test.”
This is also detailed by Javier Martín Calvo, the lawyer who has handled the case, “the Social Court of Toledo and the Superior Court of Justice of Castilla-La Mancha consider that the worker has not proven the non-payment of salary, imposing, against of what is established in the Law Regulating the Social Jurisdiction (LRJS) and jurisprudence, demonstrate a negative fact (probatio diabolica)”.
Javier Martín explains that the appeal was presented to the Supreme Court since “two workers attended the office in the same situation and both demands were dismissed by the Toledo Social Court, filing an appeal before the Superior Court of Justice of Castilla -La Macha”.
But, “said court, upheld the appeal of one of the workers, following the doctrine of the TS, while the other appeal was dismissed, forcing us to file an appeal, using as a contrasting judgment precisely that of the colleague” adds the lawyer.
Now, the company must pay the worker, a construction worker, who was fired in July 2018, the payment of 6,318 euro for several months of salary and unpaid vacations.
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