Spanish Labor Laws: Key Rights and Obligations
Article 1.3 of Royal Legislative Decree
Public Service Relationships and Collective Agreements
Article 1.3 of Royal Legislative Decree 1/1995 (revised text of the Workers’ Statute) excludes public service relationships from its coverage. Collective agreements apply to non-public service employees, not public service workers.
Paid Annual Leave
Agreement vs. Contract Discrepancy
While the Workers’ Statute mandates a minimum of 30 days of paid annual leave, if a collective agreement provides for 35 days and an individual contract states 28 days, the 35 days stipulated in the collective agreement prevails as it is more beneficial to the worker.
Salary and Collective Agreements
Waiver of Rights
If a collective agreement sets a monthly salary of 1200 euros for a specific category, an employee cannot legally waive this right and accept a lower salary of 900 euros. Waiving legally mandated rights is not permissible.
Workplace Safety Measures and Inspections
Responsibility and Penalties
The responsibility for controlling workplace safety measures falls on labor inspectors and assistant inspectors. They have the authority to propose sanctions for non-compliance.
Hierarchy of Legal Norms
Order of Precedence
- European Union Regulations
- Constitution
- Workers’ Statute
- Ministerial Orders
- Collective Agreements (e.g., Wood Industry)
Employment Rights in the European Union
Equal Rights for EU Workers
A young person with a mid-level training cycle employed as a pharmacy technician in France has the same employment rights as other technicians in the country, as per EU regulations.
EU Regulations vs. Spanish Law
Supremacy of EU Law
EU regulations have supremacy over conflicting Spanish ordinary laws. If a conflict arises, Spain must amend its law to conform with the EU regulation.
Salary Discrepancies and Minimum Wage
Most Beneficial Salary Applies
If a collective agreement sets a salary of 840 euros/month, a contract offers 900 euros/month, and the minimum wage is 700 euros/month, the worker is entitled to the most beneficial salary, which is 900 euros/month.
Holiday Entitlement and Minimum Standards
A collective agreement cannot provide for fewer holiday days than the legally mandated minimum of 30 days. The principle of minimum standards ensures that lower-ranking norms cannot reduce the benefits provided by higher-ranking norms.
Working Hours and Collective Agreements
If a contract stipulates an 8-hour workday but the applicable collective agreement sets a 7-hour workday, the 7-hour workday prevails as it is more beneficial to the worker.
Waiver of Weekly Rest Days
A worker cannot waive their right to weekly rest days in exchange for a raise. This is a violation of labor regulations.
Contractual Rights and New Agreements
Principle of Most Favorable Condition
If a contract guarantees a transport bonus, and a new collective agreement abolishes this right, the worker retains the right to the bonus until the end of their current contract, based on the principle of the most favorable condition.
Work-Related Accidents
Causal Relationship
A heart attack suffered at work is considered a work-related accident, even if the mutual insurance company disputes the causal relationship. The labor court would likely rule in favor of the worker.
Appealing Labor Court Decisions
To appeal an unfavorable labor court decision, the worker should contact the Social Chamber of the High Court of Justice of their autonomous region. The type of appeal to be made is a supplication.
Worker Rights in the Constitution
- Right to work and free choice of profession or trade
- Right to organize
- Right to collective bargaining
- Right to assembly
- Right to strike
Duties in an Employment Contract
The most important duties of a worker are the duty of care (performing work diligently) and the duty of good faith (acting honestly and ethically).
Duty of Care and Good Faith
Duty of Care: The physical and mental effort required to perform the job effectively.
Duty of Good Faith: Implies acting honestly and ethically, encompassing unwritten obligations such as:
- Prohibition of accepting bribes
- Obligation of confidentiality
- Prohibition of competition
Non-Compete Agreements
Types of non-compete agreements:
- Exclusivity pact
- Non-compete covenant
- Remainder pact
Remainder Pact
A remainder pact is signed when a company invests in a worker’s training. If the worker leaves before the agreed-upon period, the employer can claim compensation.
Employer’s Orders
Workers are not obligated to obey orders unrelated to the employment relationship.
Duty of Effective Occupation
This right ensures that every hired worker is provided with actual work.
Educational Leave
Workers are entitled to leave for exams and to prioritize their class schedules, provided they attend classes regularly towards a degree or professional qualification.
Employer’s Power of Direction and Sanctions
The employer’s power of direction allows them to establish disciplinary sanctions. Workers can claim compensation for breaches of this power.
Limits to Employer’s Power of Direction
The employer cannot issue orders that violate laws, agreements, or employment contracts. This power is presumed legitimate, but workers can challenge unreasonable orders.
Types of Worker Misconduct
- Minor offenses (up to 10 days suspension)
- Serious offenses (up to 20 days suspension)
- Very serious offenses (up to 60 days suspension)
Time Limits for Disciplinary Action
Disciplinary action for misconduct must be taken within a specific timeframe (e.g., 60 days for very serious offenses). If the deadline is missed, the action is invalid.
Dismissal Procedures
Dismissal must be communicated in writing with proper notice (e.g., 15 days). Verbal dismissal or immediate termination without notice is generally unlawful.
Types of Sanctions
- Verbal warning
- Written warning
- Forced transfer
- Suspension without pay
- Ineligibility for promotion
- Loss of seniority
- Loss of professional category
- Disciplinary dismissal
Sanctions for Repeated Tardiness
For repeated tardiness (10 times in 6 months or 20 times in a year), sanctions can include:
- Suspension without pay (up to 14 days a month)
- Transfer to a different work center (up to one year)
- Disciplinary dismissal without compensation
Dismissal for Objective Reasons (Absenteeism)
Dismissal for objective reasons due to absenteeism is justified if:
- Tardiness without cause occurs 10 times in 6 months or 20 times in a year.
- Absences, even justified but intermittent, reach 20% of working days in two consecutive months or 25% in four non-consecutive months within a 12-month period, provided the total absenteeism rate of the workforce exceeds 2.5% during the same periods.
Dismissal During Maternity Leave
Dismissing a worker during maternity leave is unlawful.
Justified Absences
- Strike
- Accident
- Maternity leave
- Holiday leave
- Risk during pregnancy or lactation
Qualifications vs. Professional Category
Qualifications: Skills, experience, etc., without legal significance regarding job category.
Professional Category: A legally recognized job classification. If a worker performs duties of a higher category for a certain period (6 months in a year or 8 months in 2 years), they can request the corresponding higher category and compensation for the difference.