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A company has enquired whether it can grant a salary advance to a worker whose wages are currently under attachment. The Directorate-General for Labour (DGT) has ruled that while granting an advance is permissible, the statutory attachment limits must be applied to the total monthly earnings, including the advance.
Cuestión planteada 1.- ¿El consultante puede conceder el anticipo aunque haya mediado el embargo de salarios?
No existe impedimento normativo para otorgar un anticipo de salario aunque haya un embargo de sueldos. No obstante, los límites de embargabilidad establecidos en la Ley de Enjuiciamiento Civil deben aplicarse a la suma de todas las percepciones mensuales, es decir, al salario ordinario más los anticipos. Esto se debe a que las percepciones deben acumularse para deducir una sola vez la parte inembargable.
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