Spanish Employment Law Guide: Contracts, Dismissal, and Rights

Posted on May 28, 2024 in Law & Jurisprudence

Spanish Employment Law Guide

Labor Day Duration

  • Maximum 40 hours per week.
  • Daily work limit: No more than 9 hours.
  • Minors’ training included: No more than 8 hours.
  • Break between sessions: At least 12 hours.
  • Minimum weekly rest: 1.5 days (e.g., 1 full day and 1 half-day).
  • Irregular distribution allowed, averaging no more than 40 hours per week.

Overtime Hours

  • Work beyond the ordinary duration established in the contract.
  • Can be paid or compensated with rest time.
  • Types:
    • Voluntary: Maximum 80 hours per year, listed with Social Security.
    • Required: Agreed upon in the contract (limit 80 hours) or due to force majeure (unlimited, quoted at a lower rate).

Specific Work Schedules

  • Work and rest periods defined by the employer.
  • Evening Work (10 PM – 6 AM):
    • Minimum age: 18 years old.
    • No overtime or exceeding 8 hours.
    • Considered night work.
  • Shift Work:
    • Specific rewards apply.
    • No worker may work night shifts for more than 2 consecutive weeks.

Work Schedule Components

  • Work schedules
  • Distribution of working days
  • Holidays
  • Weekly rest breaks
  • Annual leave

Annual Leave

  • Annual time off for employees to suspend work with benefits.
  • Employers should reward employees for not taking annual leave.

Labor Festivals

  • Workers are entitled to a certain number of paid, non-recoverable holidays.
  • Maximum of 14 labor festivals per year.

Holiday Time Features

  • Duration: 30 days per year if employed for the entire year.
  • Compensation for unused holiday time is prohibited.

Complaints

  • File complaints with the social court.
  • Complaints related to pregnancy, childbirth, or breastfeeding may have different filing deadlines.

1. Modification of the Employment Contract

1.1 Labor Modifications

  • Types: Functional and geographical.
  • Functional:
    • Within the professional group: No justification required by law.
    • Outside the professional group: Requires technical or unforeseen reasons. If the new position is lower, it must be due to unforeseen circumstances.
  • Geographical:
    • Transfers: Permanent relocation of the employee. Requires justification (technical, economic, organizational, or production-related). The worker must be notified 30 days in advance and has the following options:
      1. Accept the move, receive moving expenses, and compensation.
      2. Challenge the decision in social court.
      3. Terminate the contract with 20 days of compensation per year worked (maximum 12 months).
    • Temporary Transfers: Temporary relocation to another work center. Requires communication at least 5 days in advance. The worker has the following options:
      1. Accept the transfer, receive expenses, allowances, and be eligible for 4 working days of leave every 3 months.

1.2 Substantial Modifications to Working Conditions

  • Changes to working hours, schedule, or shift regime due to technical, organizational, or production-related reasons.
  • Workers can terminate the contract with 12 days of compensation per year worked (maximum 9 months).

2. Suspension of the Employment Contract

  • Effects: Temporary suspension of work obligations and salary payments.
  • Causes:
    • Mutual agreement
    • Contract stipulation
    • Temporary disability
    • Maternity and paternity leave
    • Exercise of public office (redundancy)
    • Deprivation of liberty
    • Suspension of work and wages (disciplinary)
    • Force majeure
    • Business closure
    • Gender-based violence leave
  • Leave: The employee retains their position during the suspension.
  • Redundancy: The employee retains their right to work and returns to their position after the redundancy period.
  • Personal Leave: Preferential right to return to the same position. Not counted towards seniority. After 1 year of service, employees are entitled to 4 months of personal leave.
  • Family Care Leave: Leave to care for a child up to 3 years old. The employee retains their position for the first year and has a preferential right to return afterward. Counted towards seniority.

3. Termination of Employment

  • Both parties’ obligations cease.
  • Types of Termination:
    • Termination by the Worker:
      • Resignation: Worker provides notice of termination without cause. No severance pay.
      • Abandonment: Worker ceases to attend work without notice. The employer can claim damages.
      • Serious Breaches by the Employer: Non-payment, payment delays, or other serious breaches. The worker is entitled to severance pay (maximum 42 monthly payments or 45 days per year worked).
    • Termination by the Employer:
      • Disciplinary Dismissal: Dismissal without severance pay due to worker misconduct (e.g., repeated mistakes, lateness, verbal insults, indiscipline, drunkenness). Dismissal must be in writing and state the reasons.
      • Unfair Dismissal: Dismissal without objective evidence or justification. The worker can choose between severance pay (45 days to 42 months) or reinstatement.
      • Void Dismissal: Dismissal that violates the worker’s fundamental rights (e.g., discrimination, absence due to family reasons). The employer must reinstate the employee and pay back wages.
      • Dismissal for Objective Reasons: Dismissal due to worker’s inability to perform, redundancy, or company restructuring. Severance pay of 20 days per year worked (maximum 12 months).
      • Collective Redundancies and Force Majeure: Collective dismissal due to economic, technical, or organizational reasons. Force majeure refers to unforeseen and unavoidable events (e.g., fires, natural disasters). Severance pay of 20 days per year worked (maximum 12 months).
      • Other Causes: Contract expiry, death, retirement, or disability. Severance pay of 30 days per year worked.