Comprehensive Guide to Spanish Labor Law: Contracts, Rights, and Social Security
1. Introduction to Spanish Labor Law
What is Right?
Right: A set of rules governing relations between employer and employee.
Difference Between Public Law and Private Law
Public Law: Set of rules that regulate the activity of the State and public entities to each other.
Private Law: Part of the law governing relations between individuals.
What is Working Right?
Job: Joint written or unwritten rules governing labor relations are those that occur between employees and employers and if not met can lead you to the force.
2. Ordinary Law vs. Organic Law
Ordinary Law
Regulate matters not reserved for organic laws. They must be approved by the general courts.
Organic Law
Those that govern the development of rights and freedoms, those approving the Statutes of Autonomy, which approved the general electoral system and the other under the constitution.
3. General Principles of Labor Law
Minimum Standard
Superior standards establish the minimum content of the rule that follows.
Most Favorable Norm
If there are two or more rules, the one that is more favorable to the worker is applied.
Inalienable Right
People who work cannot waive the rights that are recognized.
More Favorable Terms
If a labor standard establishes conditions worse than those contained in contracts, the more advantageous conditions prevail that were set previously.
In Pro Dubio Operator
The courts will interpret the rule in the way that is most beneficial to the worker.
4. Features of a Relationship Regulated by Labor Law
Voluntariness
The individual worker must be free during the development of the whole employment relationship.
Employed
We work for another person that gives the fruit of work and earn a salary in return.
Subordination
The entrepreneur is the one who orders when, where and how work must be conducted.
Compensation
All work activity must be paid, excluding the one made for free.
Personal Relationship
The work must be done by the contracted person and not by another.
5. Employment Contract vs. Collective Agreement
Employment Contract
The agreement between employer and employee, by which this obligation to provide certain services on behalf of the employer and under his leadership, in exchange for a fee.
Subjects: Workers, employers.
Collective Agreement
The agreement between one or more employers and one or more workers to set standards to regulate working conditions in a given area and the rights and obligations of the parties’ own agreement.
Subjects: Workers and entrepreneurs.
6. Capacity to Contract and Be Hired
Employee
- People +18
- -18 legally emancipated people
- People +16, and -18 if they live alone or if they have permission from parents or guardians.
- Foreigners, according to the provisions of specific legislation on the matter.
Employer
- Of legal age
- Underage: by a legal representative, unless emancipated
7. Rest Periods for Workers
Daily Rest
There must be a minimum daily rest period of twelve hours between the end of one journey and the beginning of the next.
Weekly Rest
Workers have the right to rest weekly minimum of one and a half uninterrupted normally include the Saturday afternoon or Monday morning and Sunday completely.
Continuous Working Day
The day is continued when it exceeds six hours, in which there should be a rest period of rest not less than fifteen minutes during the meeting.
8. Overtime
Definition
Those that are delivered beyond the maximum duration of normal working hours.
Types of Overtime
Voluntary
- Structural
- Non-structural
Required
- Force majeure
Compensation for Overtime
Salaries
It has to be agreed in collective agreements or employment contracts.
Compensation
- That in no case be less than the value of regular hours.
- Compensation for the equivalent time.
9. Holidays
Duration
The minimum duration is 30 calendar days.
Scheduling
The dates of said holidays shall be fixed by agreement between employer and employee, as established in collective agreements.
Advance Notice
Working people are entitled to know your period of enjoyment of the holidays with at least two months in advance.
Prorated Calculation
If the time worked is less than one year vacation days shall be calculated proportionately.
10. Contracts for the Promotion of Permanent Contracts
Target Group
Unemployed workers.
Requirements
- The contract will be hired for an indefinite period and will be formalized in writing
- If the contract is terminated for objective reasons and the extinction is overruled, the amount of compensation is the amount of compensation shall be thirty-three days’ wages per year worked, prorated for months.
11. Relief Contract vs. Replacement Contract
Relief Contract
Arrangements with an unemployed person to replace another employee of the company, which accesses the partial retirement and signing simultaneously a part-time contract.
Replacement Contract in Anticipation of the Retirement Age
Recruitment of unemployed workers in place that anticipate normal retirement age (65 years) to 64.
12. Training Contracts
Definition
They are framed in the field of temporary employment-based training, established by the Government as measures to promote employment.
Types of Training Contracts
Practice Contract
It seeks the integration of young people without experience who are qualified to practice.
Training Contract
Its purpose is the acquisition of theoretical and practical training necessary for the exercise of a profession or a skilled job.
13. Right to Organize
General Principle
All citizens have the right to organize freely (not required). The permanent association of persons in certain occupational activities.
Exceptions
The Constitution and the Organic Law on Freedom of Association provides for exceptions in the right to organize in relation to judges, magistrates, prosecutors and members of the armed forces and other bodies subject to discipline while on active military.
14. Features of Social Security (SS)
Health Care
Provision of medical and pharmaceutical services.
Maternity and Adoption
Should the suspension of the contract delivery is 16 weeks or 18 if multiple birth is.
Paternity
Working parents and non-paid leave of 13 days uninterrupted retrievable expandable in two days more for each child.
Temporary Disability
A situation in which workers are temporarily unable to work and need health care for common disease situations or professional crash.
Permanent Disability
A situation in which there is a person who, after being medically discharged presents severe anatomical or functional reductions that reduce or nullify their ability to work.
Permanent Non-Disabling Injuries
When a person has been injured or maimed definitive deformations caused by accidents or illnesses that result in a lower or alteration of their physical integrity, but without it constituting permanent disability.
Retirement
Receive compensation: having completed 65 years have covered 15 years of contributions.
Unemployment
Situation that people are able and willing to work, lose their jobs or working hours are reduced.
Survivor’s Benefit
Death-help widow’s pension, orphan’s pension, pension for family.
Benefits for Dependent Children
Allowance for each child under eighteen years of age or suffering from a disability equal to or greater than 65% who are dependents of the worker.
15. Staff Representatives vs. Committee Members
Staff Representatives
Employees of those companies or establishments with more than ten and less than fifty workers.
Business Committee
Is the official body representing the employees in undertakings or establishments where the number of workers is 50 or more.
16. Strike and Lockout
Strike
Collective and concerted suspension in the provision of employment at the initiative of workers.
Lockout
Closure of the workplace decided unilaterally by the employer.
17. Adhesion and Extension of a Collective Bargaining Agreement
Apply to workers not covered by a bargaining unit determined by the voluntary accession by extending other agreement in force.
18. Salary and Minimum Wage
Salary
Totality of economic perceptions of workers in cash or in kind, for the professional provision of labor services as an employee. Includes base salary and wage supplements group.
Types of Salary
According to the medium as payment and payment method.
Interprofessional Minimum Wage
The minimum amount that a worker can receive a day of forty hours per week.
19. Membership and Registration in Social Security
Membership
It is mandatory for all staff within the scope of the SS and unique for all the lives of workers.
Registration
We present before starting the employment relationship when a request is made after the deadline will take effect from the date of delivery.
20. Trial Periods
Definition
It is a time of limited duration that can be agreed between the employer and employee in order to monitor both sides the freedom of contract.
21. Overtime Calculation Example
An employee with 15 hours of overtime in the month of June and those hours suffer a 30% increase on regular hours. If the value of ordinary hours is € 22.00 estimated:
Increase: 22.00 · 0.30 = € 6.6
Amount of HE: 22.00 + 6.6 = 28.6 €
Increase: 15 ° 0.30 = 4.5 hours rest: 15 + 4.5 = 19.5
Total value € HE: 22,00 € • 15 = 330