Construction Measurement and Labor Rights Guide

Posted on Sep 7, 2024 in Law & Jurisprudence

1. Painting Measurement

Measurement Criteria

• Interior Wall Paintings: Measure based on surface area (SI units).
• Balconies with Painted Shutters: Measure the surface area of the opening and multiply by four (Incorrect).
• Metal Wire (Non-Galvanized): Measure half the area per side (Incorrect).
• Skirting Boards, Handrails, and Baseboards: Measure in linear meters (ML) (Correct).

Different Paint Finishes

Question: What’s the difference in the work process when painting one wall with smooth matte plastic paint (luxury quality) and another with the same paint but with a normal finish? Answer: Thorough sanding of the surface, hand priming, and careful sanding of the plastic are required for the luxury finish.

2. Coatings, Flooring, Tiling, Carpentry, and Locks

Measurement and Itemization

• Plaster Measurement: Measuring the covered areas and deducting voids is acceptable, but jambs and lintels should be measured separately under other headings.
• Separate Measurement Items: Horizontal and vertical casts should be measured as separate items (Incorrect to combine).
• Stoneware Tiles: Grinding and polishing should not be included in the measurement of stoneware tiles (Incorrect).
• Step Formation: Measure the length of the ridge formed by the tread and riser (Correct).
• Balconies and Doors: Measuring by area for groups of balconies and doors requires further clarification.
• Bastard Mortar: The components of bastard mortar are cement, lime paste, sand, and water (Correct).
• Special-Shaped Steps: Using “UD” (Units) as the measurement unit for steps with special shapes is acceptable, but a description of the shape and dimensions is necessary.
• Tiled Kitchen Walls: Including plastering in the measurement of tiled walls that are plastered underneath is acceptable.
• Woodwork Cabinets: Using “UD” as the unit of measurement for woodwork cabinets is incorrect.
• Staircase Railing: Measure the metal railing in linear meters and the wooden handrail under carpentry (wood).

3. Overtime

Regulations and Conditions

• Definition: Overtime refers to work hours exceeding the maximum daily working hours as defined in Article 35 of the ET (Spanish Labor Law).
• Compensation: Collective or individual agreements can determine overtime pay, which must be at least the regular hourly rate, or compensate with equivalent time off.
• Limitations: Overtime is voluntary and cannot exceed 80 hours per year.
• Record Keeping: Each worker’s overtime must be recorded daily, and a summary copy should be provided to the employee.
• Restrictions: Overtime is prohibited for workers under 18, part-time or temporary contract workers, and night shift workers. Overtime pay includes base salary, the average of the last three months’ additional salary, social security contributions, and applicable deductions.

4. Annual Leave

Entitlement and Scheduling

• Minimum Duration: Article 38 of the ET mandates a minimum of 30 calendar days of paid annual leave, as agreed upon in collective or employment contracts.
• Agreement on Dates: The specific dates for taking leave should be agreed upon between the employer and employee.
• Advance Notice: The holiday schedule should be fixed by the company, and employees must be informed of their leave dates at least two months in advance.

5. Permits

Unpaid Leave

• Marriage: 15 calendar days.
• Birth, Death, Accident, or Serious Illness: 2 days for close relatives (up to 2nd degree).
• Change of Residence: 1 day.
• Union Duties: As required.
• Prenatal Tests and Childbirth Preparation: As required.
• Breastfeeding Mothers: 1 hour of absence per workday for mothers breastfeeding children under nine months.

5.1 Reduced Workday with Salary Reduction

• Premature or Hospitalized Infants: Parents can reduce their workday by up to two hours with a proportional salary reduction.
• Care for Children or Disabled Individuals: Employees caring for a child under six or a disabled person can reduce their workday by at least one-third and up to half, with a proportional salary reduction.
• Victims of Gender Violence: Employees who are victims of gender violence can reduce their workday with a proportional salary reduction for protection purposes.
• Notice Requirement: Employees must provide 15 days’ notice to their employer when exercising the right to reduce their workday in the above cases.

5.2 Permits for Training and Education

• Exams: Employees are entitled to necessary permits to attend exams (Article 23 of the ET).
• Training Courses: Employees can adapt their workday to attend training courses while retaining their job.
• Collective Agreements: The terms for exercising these rights can be further defined in collective agreements.

5.3 Holidays

• Unpaid Leave: Unpaid holidays cannot exceed 14 days per year, including 2 local holidays. National holidays include Christmas, New Year’s Day, May 1st, and October 12th.
• Work Schedule: Companies must establish an annual work schedule that includes working hours, holidays, weekly rest periods, and other public holidays.

6. Trial Period

Purpose and Regulations

• Agreement: Article 14 of the ET allows for a trial period with a written agreement, subject to limits established in collective agreements.
• Invalidity: A trial period is invalid if the employee performs the same functions as before in the company.
• Rights and Obligations: During the trial period, employees have the same rights and obligations as regular employees.
• Mutual Evaluation: The trial period allows both the employer and employee to assess the worker’s suitability and the mutual understanding between the parties.

Trial Period Conditions

• Social Security and Salary: Employees must be registered with Social Security and receive their salary during the trial period.
• Termination without Compensation: If the employer terminates the employment relationship during the trial period, the employee is not entitled to severance pay, only the accrued salary for the time worked.