Employment Contracts and Labor Law: A Comprehensive Guide
Item 1: Employment and Labor Law Principles
Employment
Employment is regulated by the Education Act. It involves personal, voluntary, employed, paid work with low dependence or subordination to the employer.
Special Labor Relations
- Senior management personnel
- Domestic servants
- Convicts in penal institutions
- Professional athletes
- Artists in public performances
- Trade representatives involved in business operations without taking the risk of the operation
- The handicapped in special employment centers
- Dock workers
Principles of Labor Law Application
Principle of Minimum Standard
In the hierarchy of norms, higher-ranking standards must be respected or improved by lower-ranking standards.
Pro-Worker Principle
When a rule is unclear or has different interpretations, the interpretation most favorable to the worker should be applied.
Principle of More Favorable Rule
The standard most favorable to the worker should always be applied.
Principle of the Most Beneficial Condition
The best conditions should always be maintained, even when a new labor standard introduces worse conditions.
Principle of Rights Irrenunciability
Workers cannot renounce their rights.
Duties of Workers
- Perform job duties with care and efficiency.
- Maintain confidentiality regarding company secrets.
- Observe safety and hygiene measures.
- Refrain from unfair competition with the company.
- Contribute to improving productivity.
Item 2: Employment Contract Elements and Limits
Elements of the Employment Contract
- Consent: Manifestation of the will of the parties to enter into agreements or contracts.
- Purpose: Work performed under certain conditions in return for a wage.
- Cause: The reason for making the contract, the exchange of work for wages.
Limits to Recruit and Work
Worker
- Age: From 18 years, contracts can be freely entered into. 16 and 17 years require parental authorization. Children under 16 cannot work except in public spectacles.
- Qualifications: Proper authorization may be required.
- Disability: May affect the ability to hire or work.
- Nationality: Non-EU foreigners need a work permit. EU citizens enjoy the right of free movement in Spain.
The Nullity of the Contract
The employment contract may be void due to lack of or vitiated consent, impossibility or illegality of the object, absence or inadequacy of the cause, or for breach of labor standards.
Partial Nullity
If part of the contract is void, the remaining part remains valid, and the void part is replaced by provisions in the rule or agreement.
Total Nullity
The contract is invalid from the moment of the declaration of nullity.
Training Contracts
Training Contracts
Concept: Relate to the acquisition of theoretical and practical training necessary for the proper performance of a trade or job.
Requirements for Workers:
- Not have attained 21 years.
- Not have the qualifications required for an internship.
- Not have previously held the position for which they are hired for a period exceeding 12 months.
Internship Contracts
Concept: Relate to obtaining professional practice appropriate to the level of education completed by workers.
Requirements for Workers:
- Have a university degree.
- No more than 4 years have passed since the completion of studies.
Duration: Not less than 6 months nor exceed 2 years.
Schedule: Day, full-time, or part-time.
Reimbursement: Fixed in the agreement at 60% or 70%.
Casual Contracts
Contract for Work or Service
Concept: Intended for works or services of uncertain duration.
Duration: The time required for the completion of the work or service.
Contract for Eventual Production Circumstances
Concept: Meet situational demands of the market or excessive accumulation of work.
Duration: Maximum of 6 months within a period of 12 months.
Item 3: Working Hours and Paid Leave
Working Hours
Working hours are the distribution of working time throughout the day and week.
Night Work
Features:
- Specified remuneration
- Workers under 18 cannot perform night work.
- Overtime is not allowed, and working time cannot exceed 8 hours per day over a period of 15 days.
Paid Leave
- 15 calendar days in case of marriage
- 2 days for the birth of a child, death, accident, or illness of a family member
- 1 day per change of usual residence
- Time necessary for prenatal testing and childbirth preparation
Item 4: Geographic Mobility and Disciplinary Dismissal
Geographic Mobility
Transfer
Concept: Final transfer of the worker
Cause: Must be for economic, technical, or organizational reasons.
Procedure: Communicate the transfer to the worker within 30 days from the date of effectiveness.
Displacement
Concept: Temporary transfer of the employee to another workplace exceeding 12 months within a period of 3 years.
Procedure: Communicate to the worker with at least 5 days’ notice.
Disciplinary Dismissal
- Repeated or unwarranted absences
- Indiscipline or disobedience
- Verbal or physical offenses against the employer or colleagues
- Abuse of trust
- Harassment on grounds of racial or ethnic origin, religion, disability, or sexual orientation