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In an article for RH Magazine, Carolina Hecker, Principal Associate in the Labour Practice Area at CCA Law Firm, analyses the legal relevance of correctly determining an employee’s professional category and the impact this has on companies’ internal organisation.
The professional category constitutes a structuring element of the employment relationship, defining the contracted activity, the employee’s socio-professional status and their position within the hierarchical structure. As the author emphasises, “the professional category is a central element in the organisation of employment relationships, as it objectively defines the activity for which the employee is engaged to provide services to the company.”
Proper classification assumes particular importance where a Collective Labour Regulation Instrument (CLRI) applies, since the correspondence between the assigned category and those provided for under that instrument has direct effects on the minimum remuneration, career progression and hierarchical positioning.
The author further warns of the need for employers to undertake a careful and rigorous functional assessment, avoiding artificial solutions where the typified categories fail to reflect the evolution of the functions actually performed.
The correct determination of the professional category is therefore not a mere contractual formality, but rather a genuine mechanism of legal protection and a safeguard for sound human resources management.
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- RH MAGAZINE