Seniority, recognition and claims

One of the most important employee rights is the recognition of seniority. This is mainly due to the fact that it can lead to an increase in the payroll in the present and in the future, as well as the receipt of higher compensation in the event of dismissal.

This sometimes makes it difficult for companies to recognise an employee's length of service. For this reason, here we want to clarify exactly how to claim it depending on whether the employee continues to work for the company or is no longer part of it.

Claiming seniority from the company we work for

It would not be the first time that an employee, when reviewing their pay slip, realises that their seniority has been changed. In this case, the recommended procedure to follow is usually as follows:

• Seek advice from an employment lawyer to ensure that we are right, i.e. that there is no justifiable cause for us to have lost our seniority.
• Go to the company itself and make a claim. This can be to a direct superior or to the human resources department. A good idea is to send the request by burofax so that it is on record.
• If the company refuses to recognise the worker's seniority, you will have to go to court. In particular, it will have to initiate proceedings for recognition of rights. If you are right, the judge will force the company to recognise the time claimed.

However, the mere recognition of seniority in the company does not necessarily imply the payment of the amounts owed, if any. In this case, it will be necessary to claim back triennia and other possible bonuses through a different procedure, for which it will be necessary to be represented by a lawyer.

It should be borne in mind that many labour agreements establish the obligation to apply salary increases when adding triennia, quadrenniums and quinquenniums. A problem in the recognition of seniority can cause the employee to lose a lot of money.

Claiming seniority in the event of dismissal

In the Statute of Workers' Rights, seniority is a recognised right in article 25. In fact, it is of paramount importance when it comes to calculating severance pay. The reason? The current legislation speaks of days per year worked when determining them.

Therefore, if a company does not recognise a worker's actual length of service, it will pay less in the event of dismissal. A reduction in costs that can have a very negative effect on the economy of the former employee.

What is the deadline for a worker to claim seniority?

Fortunately, the law does not set any maximum time limit for claiming seniority within a company. Not even if the employment relationship between the two had already been terminated some time ago.

On the other hand, the worker can even request that all the periods of time worked be added to his or her seniority in the company, even if these have been discontinuous.

When is seniority lost?

According to the Workers' Statute and the labour agreements of each sector, seniority in the company is never lost. The only case in which this can happen is at the end of the employment relationship, generally as a result of dismissal or the termination of a temporary contract.

However, even in these cases there are nuances. Case law has made it clear that, when temporary contracts are linked, seniority can be accumulated. Even if up to 6 months have passed between one and the other. However, the position held and the duties performed must be similar.

That said, seniority is not lost when we are promoted in the company's organisation chart. Even if we have to terminate the previous contract and sign a new one. The law is quite protective of workers in this respect.

Conclusions on seniority recognition

In short, although it is not the most common, it is not unusual for a company to refuse to recognise the length of service of its employees in order to save money on severance pay, triennia and specific benefits specified in the current labour agreement. These are cases in which the worker is protected by the Workers' Statute and case law.

Therefore, although it is always advisable to reach an amicable agreement with the company (especially if you are still working for it and could suffer reprisals), legal action should never be ruled out. A mechanism that is usually a guarantee of success as long as the services of a labour lawyer are available. Undoubtedly, an essential figure to obtain the best advice and protect your rights properly.