Day Labor and Employment Law in Spain: Rights and Regulations
Day Labor and Employment Law in Spain
Daily Work
Day labor refers to daily work, distinct from temporary, weekly, or annual employment. Workers engaged in day labor are entitled to weekly pay, calculated annually. The average daily working hours may not exceed nine.
Rest Periods
- Daily: Workers must have a minimum of 12 hours of rest 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 minimum is 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 at least one-third of their annual working hours during the night shift.
- Maximum Hours: The maximum duration of night work is eight hours daily, 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 occurs when individual workers successively occupy the same job according to a certain continuous or discontinuous pattern. Rotation of night shifts should not exceed two consecutive weeks, except by voluntary agreement.
Overtime
Overtime refers to any work performed beyond the maximum ordinary working hours. A maximum of 80 hours of overtime can be performed per year.
- 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 due to outstanding payments.
Amendment to Employment Contracts
- Functional: Involves a change in the worker’s usual functions.
- Geographical: Involves a transfer to a different work center that requires a temporary or permanent change of residence. This must always be justified by economic, organizational, technical, or production reasons.
- Substantial Changes to Working Conditions: These changes are permissible when justified by proven economic, organizational, technical, or production reasons.
Suspension of Employment Contracts
Suspension refers to a temporary interruption of the employment 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.
- Forced Leave: 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
Concepts Included in Settlement
- 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