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Responsibility of a labor management technician

Is the position of labor management technician a responsible job?  

The profession of labor management technician requires presenting a series of skills or personal competencies among which we can highlight the organization, the autonomy in the entrusted functions and the resolution capacity, since we continually face deadlines that must be met, problems that we must solve and carrying out procedures with the administration that involve compliance with bureaucratic obligations, such as the registration or cancellation of workers, communication of certificates, contracts, contributions, etc. Therefore, we can affirm that yes, the profession of labor management technician is a profession of responsibility.  

But what does that responsibility mean? 

The tasks performed and the decisions we make in the interpretation and application of labor legislation, whose casuistry is very broad, mainly cause three types of errors that can have consequences, these are:  

– Delays or late submissions 

– Administrative errors in data mechanization 

– Errors in the interpretation of labor legislation 

And if I have made any of these mistakes, what consequences would there be?  

Like the work situation, the possible errors in its management are very varied, and can be generated situations that affect the workers themselves, expressing their discomfort or disagreement by themselves, or through the representation of the workers, for example, this usually occurs when an error is made in the calculation of payroll or the calculation of the same and, consequently, the payment is delayed. We can also find errors detected by the administration, by itself or through some labor inspection.  

In any case, we would be facing possible economic damages and sanctions that could be imposed on the company, all as a consequence of our work.  

In the Consolidated Text of the General Social Security Law we find, for example, the possible surcharges for submitting contribution quotas after the deadline, which range from 10% to 35% of the debt.  

Also in the regulations on administrative infractions in the social order it will be possible to know the actions or omissions that are classified as faults and their possible sanctions in labor or Social Security matters

These sanctions will be imposed gradually based on the severity of the offense, whether minor, serious or very serious, and also its minimum, medium or maximum degree, even reaching sanctions of up to 187,515 euros. 

What could you do to correct these errors without the company being penalized?  

As we have seen, this job is a position with responsibility, and you must work in an organized manner to avoid making these types of mistakes, so good planning is essential.  

However, as humans and given the bureaucratic burden, the work situation and the lack of organization of labor regulations, here are some tips to try to avoid and correct possible errors:  

Payroll calculation: the payroll calculation process, when we work with a high volume and massive incidents, can present difficulties or delays in the mechanization of all remunerations, reviews, etc.  

In accordance with the Workers' Statute, the settlement and payment of salary will be done punctually and in documentation on the agreed date and place. As labor management technicians, we must comply with this deadline because otherwise interest would accrue for late payment of the 10% of what is owed, and both non-payment of wages and the delay in their payment on a continuous basis could mean that the worker would request the termination of the employment relationship and the company must compensate the amount established for dismissals classified as unfair.  

Presentation of quotes: The amount of the surcharge that will be imposed on late income will depend on two situations, the first of which is whether the obligations to submit the contributions have been met on time or not, and the second will depend on the moment in which the liquidate  

Therefore, it is advisable to comply with the obligation to present the contributions, even if they were not to be entered, and secondly, to enter the contribution quotas as soon as possible, thus both the surcharge and late payment interest will be the minimum possible.  

Registration and cancellation of workers: To carry out the acts of scheduling the registration and cancellation of workers, the established deadlines must be known, and the registration must be carried out prior to the beginning of the employment relationship and the cancellation with a maximum of up to 3 calendar days after the effective date. of the decline.  

If a worker is not registered, we face a serious infraction, which could result in a fine of between 626 and 6,250 euros. If the registration or cancellation is submitted after the deadline, the corresponding contributions will be required until the effective date, incurring unnecessary costs for the company, in addition to the possible sanction if applicable.  

However, we have the possibility of correcting these errors as long as they are detected in time, therefore, we can modify or eliminate previous movements of registrations or cancellations; or, eliminate consolidated movements up to 72 hours from the day of consolidation of the movement, both through the RED System. If we want to make a modification of a consolidated movement, it must be done in writing before the General Treasury of Social Security.  

responsibility of a labor management technician

Employment contracts: Employment contracts are the document signed between the worker and the company through which the characteristics and conditions of the employment relationship that begins are agreed. 

When making the employment contract, we can make several types of errors: the type of contract is not adapted to the reality of the work, which could be a fraud in the contract, and therefore, the employment relationship is understood to be indefinite, full-time. ; error in the data of communications, whether personal data, economic data, lack of clauses or abusive clauses, error in the working day, not adjusting to the conditions that were really wanted to be agreed upon; or data referring to the duration of the employment contract, setting a date greater than the legal maximum allowed. These errors must be corrected in the employment contract and communicate it to the Public Employment Service if the contract had already been communicated, using the Contrat@ data correction menu within the following 90 calendar days.  

Presentation of cancellation, confirmation or registration reports: When a worker is in a situation of Temporary Disability, we must communicate to Social Security the medical reports of sick leave, confirmation and discharge that the worker presents to us, but it is possible that circumstances or errors may occur that require canceling said communication.  

To carry out this cancellation procedure, the RED System has an option to cancel Temporary Disability processes, which will allow us cancel the parts sent in error within a period of 30 dayss.  

In conclusion, we can affirm that the job of labor management technician is a position of responsibility, which requires the adequate training and knowledge to perform their functions, since the lack of this knowledge could cause serious labor and economic damage to the company. Furthermore, the person responsible for this type of procedure must have personal qualities such as organizational, decision-making and autonomy, which will allow them to avoid this type of errors or have the ability to correct them effectively.  

This post has been prepared by Miguel Calvo, responsible for the labor management area at Calvo López Asesores and teacher in the HR department at the EIP International Business School.

Human Resources Technician and Master's Professor in HR Management and Labor Management

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