Understanding Labor Laws: A Concise Guide
Understanding Labor Laws: A Concise Analysis
THE DAY: Labor relations are governed by Article 34 of the Statute of workers, and stipulates that working hours will be negotiated in collective agreements. But there is a provision that you can not work more than forty hours per week. This does not prevent distributions can be made irregular working hours, so that can be set over the years, always respecting the minimum periods of daily and weekly rest established by law. Between the end of one journey and the beginning of the next half, at least 12 hours. When talking about eight hours of work means actual work: when the worker is prepared in his job, until he leaves. Special consideration are the so-called waiting time, under which the worker in their development of the service must necessarily have periods of inactivity, which receive special remuneration. The day may be continued or departure, without specifying the time time to eat in the beginning. In any case, if 6 hours of continuous work, you are entitled to the so-called “snack break” for fifteen minutes. On the night shift, is taking place between 10 pm and 6 am . The Royal Decree 1561/1995 regulates the special working conference calls. Regulation that includes urban estates porters, working at sea, transport by road, rail and air work among others. The meaning of this rule is not unequivocal, since regulating extensions sometimes other day, accumulation of breaks, and in certain other events of some jobs such as waiting times. It also regulates aspects such as the concept of availability.
HOLIDAYS: It is regulated in Article 38 of the Statute of workers. There are 30 calendar days. The holidays can not be compensated with money or accumulated from year to year, except in those cases in which resort to motherhood. The holidays are negotiated between employer and employee and there is no agreement unilaterally by the employer and must be known by the worker with at least two months in advance. Failure to follow these legal provisions may give rise to special vacation process, a summary proceeding and ignores precedent where the conciliation procedure.
PROVIDE THE SALARY: THE CONCEPT OF WAGE. Notion of wages is contained in Article 26 of the Statute of workers, defined as the total, in cash or in kind, and all the services provided by their employer. There is an implicit assumption that all of what the worker receives from his employer is salary. This presumption that the worker pursued salariedad see their rights protected both: to situations of damages for dismissal in relation to social security benefits. You can only receive in-kind 30% of salary and thus to avoid Track System. The salary is just what is perceived by the employer and can not be identified with the so-called opportunity to gain (tips). Tips and paying them a third ajurÃdico have a character regardless of whether the collective agreement establishing systems distribution of these tips in certain sectors such as: casino (gambling). It is irrelevant whether the qualification that the parties make, for his departure is a salary or not, this is determined at the end legally. To this end: we have always economic translation of certain goods in kind, especially towards the fixing of compensation, so for example a company car, computes compensation purposes in 2 / 7 of its value (for the weekend.)Regarding the place and time specified salary you can not afford in taverns or saloons, it being necessary to go to custom, collective bargaining for the payment of wages, although it is now irrelevant because most expenditures are made by check or bank account. The time of payment of salary post governs the principle of compensation: charge once the activity. As to how it must respect the wage bill, on the official form approved by the labor which consists only those items actually received by the worker, not on those that are due.