Judgment of the Supreme Court 1023/2016 of 1 December.
The Supreme Court has published these days a judgment which repeals its own doctrine of the year 2011 (STS of 22 December 2011), allowing to replace the paper copy of the payroll of the worker by the personalized shipment (under certain conditions) of the same to the worker.
The company that has seen its practice of sending the payrolls exclusively as a computer file, sends them to an individual email account, which could only be accessed by a personal key, and had computers available to workers to (They are workers of a transport company, they do not have a terminal attached to their job). The payroll responds faithfully to the official model, the only difference is that it is not printed to the worker. The terminal from which it is consulted allows printing at the worker’s will.
The high court considered that “change from paper to electronic media, delivering payroll assumes no harm or discomfort to the worker. The apprehension of the payrolls, which had previously been carried out by going to the mailbox that had been made available to each worker, is now carried out by going to the computer terminal next to said mailboxes. Before the operation was to open the mailbox by a key, it is now accomplished by introducing the terminal ID number and the key.
The fact that if the worker wants a copy of his payroll on paper, it can not be considered burdensome that he has to give the order to “print” and wait a few seconds for the printing to take place.”
It was considered unnecessary to sign the payroll in the last 20 years when entering into account and now companies are no longer obliged to deliver payroll on paper and that can be sent as an individual file, with access to key personnel and may be consulted and printed media company.