Labor Law and Employment Contracts
Item 1: Understanding Law and Labor
What is Law?
It is the hierarchically ordered set of rules drawn up by the legislative branch and sometimes by the government (under its statutory authority and delegation of the Parliament), mandatory and designed to regulate human coexistence.
Fundamental Freedoms in the EU
The EU is based on three fundamental freedoms for all European citizens:
- Freedom of movement of employees.
- Freedom of movement for self-employed.
- Freedom of establishment of business.
Labor Law Coverage
The work covered by labor law is that which is provided:
- Freely, as an employee, paid, and dependent.
Situations Not Covered by Labor Law
- Clerk of the General State Administration.
Special Employment Relationships
- Football player Ronaldinho.
Hierarchy of Rules (Highest to Lowest Rank)
- Spanish Constitution, law, contract, court ruling.
State Intervention and Protective Standards
The state intervenes by creating a series of protective standards that protect the worker.
What is Work?
All human activity is rational and orderly, which requires a physical or intellectual effort directed to an end.
The ILO and the Treaty of Versailles
The ILO originated from the signing of the Treaty of Versailles in 1919.
The Workers’ Charter
The Workers’ Charter is the Royal Decree 1/1995 of March 24, published in the Official Gazette of March 29, 1995.
Item 2: Employment Contracts
Requirements for an Employment Contract
- Consent of the employer and employee.
Contracts for Minors
- A child under 16 can sign a contract as a film actor with court approval.
International Employment Contracts
- A Spanish citizen may enter into an employment contract in France with the same conditions and rights as a French citizen.
Optional Clauses in Employment Contracts
- Probation.
Formalization of Employment Contracts
- Can be formalized in writing or verbally.
Statute of Workers and Contracts
- Article 14 governs the contract.
Worker Rights
- Right to organize.
Employer Rights
- Organizing work.
Rights Not Granted to Workers
- Right to distribution of profits of the company.
Employer’s Right to Punish
- Yes, if the worker breaches any of their duties.
Item 4: Working Hours and Time Off
Limits on Working Hours
Continuous work cannot be developed over time. Labor Law sets a limit to the devotion of man to work.
Definition of Workday
The time each day, every week, or every year the worker has to devote to the implementation of the employment contract is called the workday.
Minimum Rest Period
A worker finishing their workday on Monday at 22:00 hours and starting the next day at 6:00 am is not legal because 12 hours have not elapsed since the end of the previous working day.
Maximum Working Hours for Minors
The maximum daily hours for those under 18 years old will be 8 hours.
Overtime Due to Force Majeure
- These are the hours necessary to prevent or repair damage that may occur to people or on the assets of the company.
Payment for Overtime
- May be paid in cash or compensated with time off.
Maximum Weekly Working Hours
A worker can work 50 hours a week as long as the average annual total is 40 hours.
Special Workdays
Days that affect certain sectors and certain types of productive work where extending working hours beyond certain limits may affect the safety and health of workers.
Holiday Dates
Agreed between the employer and employee.
Marriage Leave
15 days.
Item 5: Types of Contracts
Permanent Contracts
Do not have a specific end date.
Contracts for the Promotion of Permanent Contracts
Aim to encourage businesses to hire certain disadvantaged groups through open-ended contracts.
Works or Service Contracts
Aim to carry out works or provide a service with autonomy and proper nouns in the activity of the company.
Fixed-Discontinuous Employment Contracts
Are those whose purpose is to conduct an activity that does not require the provision of services for every day of the year, but only at certain times.
Temporary Contracts Due to Market Circumstances
Aimed at the realization of activities of the company due to an excess of orders, backlog, production peak periods, or other causes related to the circumstances of production of the company, even though it is a common activity of the company.
Training Contracts and Qualifications
A company cannot hire a consumer electronic equipment technician with a training contract because the employee has a qualification that enables them to practice.
Eligibility for Internship Contracts
- A college graduate who completed their studies last year.
Temporary Employment Regulation
Currently regulated by Law 29/1999.
Non-Profit Private Placement Agencies
Entities that intermediate in the labor market in exchange for payment from the employer or employee for expenses incurred in service.
Group Work Contracts
Cases where the employer contracts with a group of workers treated as a whole, so the employer will only have labor rights and obligations regarding a class representative.