Day Labor and Employment Law in Spain: Rights and Regulations
Day Labor in Spain: Rights and Regulations
Daily Work and Weekly Pay
Day labor involves daily work, with the worker being paid weekly. This applies even if the work is temporary, weekly, or annually. Workers are entitled to weekly pay based on an average annual calculation. The number of ordinary working hours per day may not exceed nine.
Rest Periods
- Daily: Workers must have a minimum of 12 hours of rest each day between the end of one workday and the beginning of the next.
- Weekly: Workers are entitled to a minimum of one and a half uninterrupted rest days per week. For workers under 18, this is a minimum of two days.
- Continuous Working Day: If a continuous workday exceeds six hours, a minimum rest period of 15 minutes must be established. For workers under 18, the minimum is 30 minutes.
Night Work
- Hours: Night work is defined as work performed between 10 PM and 6 AM.
- Night Worker: A night worker is someone who regularly performs at least three hours of their daily work during the night shift or who performs at least one-third of their annual work during the night shift.
- Maximum Hours: The maximum duration of night work is eight hours per day, averaged over 15 days.
- Compensation: Compensation for night work is determined by agreement unless the wage is set considering the nature of night work or includes compensation for rest periods.
Shift Work
Shift work involves individual workers successively occupying the same job according to a certain continuous or discontinuous pattern. Rotation of night shifts must be considered, and workers cannot be assigned to the night shift for more than two consecutive weeks unless they volunteer.
Overtime
Overtime refers to any hours worked exceeding the maximum ordinary working hours. A maximum of 80 overtime hours per year is allowed.
- Remuneration: Overtime pay must be at least equal to the value of regular pay.
- Compensation: Overtime may be compensated with equivalent time off.
Types of Overtime
- Structural
- Non-structural due to force majeure
FOGASA (Wage Guarantee Fund)
FOGASA is an agency of the Ministry of Labor that partially guarantees workers’ wages and severance pay in cases of dismissal or termination of the employment relationship when payment is outstanding.
Amendments to Employment Contracts
- Functional: Changes in the functions a worker normally performs.
- Geographical: Transfer to a work center that involves a temporary or permanent change of residence, always justified by economic, organizational, or production-related reasons.
- Substantial Changes to Working Conditions: These changes are justified when there are proven economic, organizational, or production-related reasons.
Suspension of Employment Contracts
Suspension involves a temporary interruption of the contract without termination.
Causes of Suspension
- Mutual agreement between the parties
- Temporary disability
- Exercise of a representative public office
- Legal closure of the company
Types of Leave
- Voluntary Leave: Workers with at least one year of seniority can request voluntary leave for personal reasons.
- Unpaid Childcare Leave: Workers are entitled to a leave of up to three years after childbirth.
- Compulsory Leave: This occurs when a worker is appointed to a public office or union position.
Termination of Employment Contracts
This is the finalization of the employment relationship between the company and the worker.
Causes of Termination
- Mutual agreement
- The will of the worker
- The will of the employer
- Other external causes
Settlement Concepts
Settlements must include:
- Working days of the month
- Unpaid leave not yet taken
- Severance pay, if applicable
- Compensation for failure to provide the required notice period, if applicable