The Constitutional Court endorses an equitable wage policy for both unionized and non-unionized workers.

The Constitutional Court (TC) has issued a relevant ruling regarding the salary policy of a company in relation to its unionized and non-unionized workers. In this case, the amparo claim filed by a union against a company was declared unfounded. The union argued that the salary increases granted to non-affiliated workers violated union freedom and equal treatment. The TC's ruling established that increasing the remuneration of non-unionized workers in a similar manner to unionized workers, through collective bargaining, does not constitute a violation of union freedom or equality. It was determined that the company's remuneration policy did not incentivize union disaffiliation or discriminate against workers, as both unionized and non-unionized employees received salary increases at similar intervals. The case originated when a union filed a lawsuit against the company, alleging that the annual salary increases granted to non-unionized workers since 2017 were not extended to union-affiliated workers. According to the union, this situation created discrimination and affected union freedom and equal treatment among workers. The lawsuit requested that the salary increases applied to non-unionized workers also be granted to unionized workers. However, the Constitutional Court determined that there was no evidence that workers disaffiliated from the union as a result of the company's salary policy, and that it complied with current regulations. Dante Botton, Principal Associate at Payet, Rey, Cauvi, Pérez Abogados, explained that the TC's decision reflects the protection of union freedom in its positive and negative dimensions. This means that workers have the freedom to decide whether or not to join a union, and that employers can implement fair salary policies without union interference. Juan Valera, Senior Associate at MOAR Abogados, emphasized that the company is not obligated to justify salary increases to non-unionized workers, as long as they are not part of collective bargaining. This ensures that the company's salary policies can be applied equitably to all workers without discrimination. The Constitutional Court's ruling in this case sets an important precedent regarding the relationship between salary increases, union freedom, and collective bargaining. By confirming that the company's remuneration policy did not violate union rights, the importance of respecting companies' autonomy in managing their salary policies, always in accordance with current labor regulations, is highlighted.