Spanish Workers’ Statute: Exam Key Points
Potential Questions: Michael Aguilar’s Second Exam
Write 5 aims of the Workers’ Statute.
Write the definition of the Workers’ Statute (Mention employers and employees).
Explain the difference between a Labour Contract and a Contract to Provide Services and write one example of each.
TAKE NOTE! If a person has an agreement to do some work for someone (like paint their house), this is a “contract to provide services” or a “contract for services”—an agreement whereby a person is engaged as an independent contractor, such as a self-employed person.
Explain the definition of a probationary period.
A probationary period may be required to check if the labour relationship meets both parties’ expectations. This kind of trial period is optional, but if the parties of the labour contract agree to establish it, it must be included in writing in the contract of work.
Write 4 characteristics of the probationary period.
- The probationary period is included when calculating seniority.
- During that period, workers have the same rights and obligations as the other workers in the company.
- The worker has to be registered with the Spanish Social Security.
- Wages will also correspond to the position.
What is the length of the probationary period?
- Maximum 6 months for qualified technicians.
- Maximum 2 months for other workers.
- Maximum 3 months if the company has fewer than 25 employees.
For work experience contracts, the probationary period is a maximum of:
- 2 months for upper-level undergraduates.
- 1 month for lower-level undergraduates.
Explain what part-time contracts are.
Many employers have positions that do not require the employee to work 8 hours a day, 5 days a week, or wish to retain skilled workers who want or need to reduce their working hours.
Likewise, many employees see the benefit in working fewer hours a day or week because of family responsibilities or to pursue social or recreational pursuits.
The working day in this type of contract is not as long as the working day of a similar full-time contract.
This type of contract must be written and must state the hours of work and its schedule distribution per day, week, month, or year (fewer than 8 hours per day, fewer than 40 hours per week, fewer than 1,827 hours per year).
Part-time contracts can be permanent or temporary (fixed-term contracts). “Training and Apprenticeship Contracts” cannot be part-time contracts.
The pay rate is proportional to the working day.
When is overtime permitted in part-time contracts?
No overtime is allowed, except overtime due to force majeure (circumstances out of our control).
Additional hours can be agreed upon in permanent part-time contracts and temporary part-time contracts with 10 or more working hours per week.
These cannot exceed 30% of the agreed working hours (up to 60% if considered in the collective agreement). It is necessary to give 3 days’ notice to the worker.
The agreed working hours plus the additional hours cannot exceed the number of working hours of a worker with a full-time contract.
They will be paid at least the same rate as regular hours.