ABSTRACT

Claim against denial of access to remuneration linked to productivity or performance.

A Trade Union Section submitted a letter to the Ministry of Transport, Mobility and Urban Agenda, requesting remuneration linked to productivity or performance (variable remuneration including identification of its beneficiaries corresponding to the years 2017 to 2020 of the managerial staff called Out of Agreement of the Port Authority of Marín and Ría de Pontevedra.

The Administration provided certain information that the applicant found to be incomplete.

When a complaint was filed, the Transparency and Good Governance Council considered it, since the response does not specify the amount or identify the recipients, does not make any mention of the objectives assigned and does not answer or mention the degree of achievement obtained, which also prevents each of the workers affected from knowing the basis of their own variable remuneration since the recipients themselves are not informed or justified.

Delivering this information is endorsed by the Third Section of the Administrative Litigation Division of the Supreme Court, in Judgment No. 852/2020, of 22 June 2020, in which it judged the access to the gross annual remuneration received in 2014 and 2015 by the management of the RTVE Corporation, with identification of the recipient, the verbatim of the post of the organizational chart and its remuneration actually received in 2014 and 2015 for all the staff who have occupied a position of management and sub-management in this period.