Spanish Labor Fundamentals: Worker Rights, Contracts, and Pay

Posted on Dec 3, 2024 in Law & Jurisprudence

What is a Job?

Set of activities and tasks that people develop within a company in exchange for money. Features:

  • Voluntary (person decides)
  • Working for another in exchange for a salary
  • Paid (cash salary)
  • Subordination (subject to the direction of the company).

Example: doctor.

Regulatory Framework for Work

Set of laws and legal rules that determine the work environment:

  1. Spanish Constitution: The legal basis of society, including general rights such as non-discrimination, the right to strike, and unionization.
  2. International Treaties: Rules set by multiple countries.
    • UN (United Nations)
    • ILO (International Labour Organization) – aims to improve worker conditions.
    • EU (European Union) – promotes equal working conditions and free movement of workers between countries.
  3. Employee Statutes: Develops and specifies the rights and duties of workers.
  4. Workers’ Agreements: Negotiated agreements between companies and worker representatives, setting working conditions for a specific sector.
  5. Employment Contract: Agreement between employer and employee. It cannot contradict higher-level rules.

Representation of Employers and Workers

To foster understanding between employers and workers, representatives are involved. Workers can freely associate to defend their rights through unions, as regulated by the Law of Association. Examples of unions include Workers’ Commissions (CCOO), CGT, and USO.

Worker Representation

Worker representatives are elected every 4 years by their peers. Duties: Represent employees in collective bargaining and obtain information about the company’s business. This can be transmitted through:

  • Company Delegates (10-50 employees)
  • Company Committee (>50 employees)

Employer Organizations

Companies partner to defend their interests and negotiate with workers. Examples include CEOE and CEPYME (Confederation of Employers). Collective Bargaining: A written agreement outlining work activities, negotiated between the company and its employees, regulating working conditions and living standards for a set period.

Collective Agreement: Applies to businesses or industries (e.g., construction) engaged in the same activity. It negotiates salary based on qualifications, working hours, holidays, breaks, professional promotion, and working conditions.

Labor Disputes

Discrepancies between workers and companies can manifest as:

  1. Group Conflict
  2. Strike
  3. Employer Lockout

1. Collective Dispute

A schedule of meetings is established for dialogue to reach an agreement:

  • Voluntary Agreement
  • Mediation: A third party facilitates negotiation without imposing a solution.
  • Conciliation: A third party proposes solutions.
  • Arbitration: A third party decides the solution (SMAC – Mediation, Arbitration and Conciliation Service).

2. Strike

A work stoppage initiated by employees to enforce company policies or express a protest. It must be notified in writing five days in advance, with a letter explaining the reasons and prior efforts made. Workers are not entitled to pay during a strike and must respect those who wish to work.

3. Employer Lockout

Initiated by the employer due to a conflict or strike. It must meet certain conditions: danger to people, illegal occupation of the company, or to prevent irregularity in continuing work.

The Employment Contract

An agreement between workers and companies where the former provides services for payment by the latter.
Contents of the Contract:

  • Job description (work to be performed)
  • Duration (permanent, temporary)
  • Wage (monetary compensation)
  • Trial period (e.g., 6 months, 3 months)
  • Working hours
  • Holiday and break entitlements

Can be written (official form) or oral.


Work Time

Working Day

  • Maximum 40 hours per week
  • Maximum 9 hours per day (generally 8 hours)

Rest

  • 15 minutes break (standard)
  • 30 minutes break (minors)
  • Minimum 12 hours between workdays
  • Weekly rest: 1.5 days (minimum)

Holiday

  • 30 days paid holiday per year worked

Night Work

  • At least 3 hours worked at night
  • Special regulations for minors
  • Shift work (companies with continuous production)

Overtime

(Work exceeding the standard workday)

  • Minors cannot work overtime
  • Normal: Due to production requirements, absences, etc.
  • Force Majeure: Urgent, extraordinary reasons (may be required)
  • Maximum: 80 hours per year


Contract Modalities

Permanent

  • No fixed end date
  • Types:
    • Normal
    • Special indefinite contract forms (for groups with difficulties finding work, offering incentives to employers – e.g., <30 years old, >45 years old, long-term unemployed)

Temporary

  • Fixed end date
  • Types:
    • Fixed-term contract (temporary, casual, contract work)
    • Training contract: For individuals without experience or undergoing training
      • Practices contract (for those with VET qualification, high school diploma, or university degree)
      • Training contract (for those still in training without a degree)

The Salary

“Perceptions” of economic compensation a worker receives for providing professional services on behalf of another.

  • SMI (Minimum Wage): The minimum a person needs to live with dignity.
  • Guaranteed Salary: Protective measures for wages.
  • FOGASA (Wage Guarantee Fund): Guarantees wages in case of company bankruptcy.
  • Wage Payment Preferences: Wages take precedence over other company debts.
  • Imbergabilitat of the SMI: Only amounts exceeding the SMI can be seized.

Salary Composition

  • Base Salary: Fixed amount based on professional category and collective agreement or contract.
  • Complements: Added to the base salary:
    • Seniority pay
    • Special knowledge beneficial to the company
    • Hazard pay (e.g., dangerous, toxic, night work)
    • Company incentives (punctuality, attendance, performance)
    • Overtime pay
    • At least two extra payments per year