The features of employment in Spain are established under art. 11 of the Workers’ Statute. Their fulfilment indicates an employment relationship of third parties or subject to employment and, therefore, protected by the Statute of Workers.
Labour law is the set of rules and principles that regulate legal relations between employer and employee based on a voluntary, subordinate and remunerated supply of human work with the goal of guaranteeing the completion of the parties taking part in the professional relation.
One of the main conflicts that occurs increasingly often in the day to day of companies is a collision between exercising the business organization’s authority (protected by the right of entrepreneurial freedom) and the protection of the fundamental rights of employees, such as religious freedom.
Three recent judgements delve into the concept and legal interpretation of working time in Spain. The Supreme Court has declared that hours dedicated to shifts on Sundays and playing soccer with clients should be treated as working time.
In Spain, the modality of the internship contract facilitates access to the labour market for young people. This contract falls within the scope of training contracts. It has a maximum duration of 2 years and the stipulated remuneration should comply with minimum standards.
Overtime is paid twice in Spain: (1) as integral to the base cost of profesional contingencies, unemployment, FOGASA and professional training, at the rate at which each case corresponds, and (2) as a consequence of the existence of a specific additional cost.
After the dismissal of an employee, an employer who obtains information about new infringements liable to penalty involving the disciplinary dismissal by the employee could resort to the institution of a precautionary or ad cautelam dismissal.
Training contracts are one of the peculiarities of working engagements in Spain, since various types exist and each has their own distinct systems and regulation. We can therefore discern the Internship Contract and the Contract for Training and Apprenticeship
In Spain, there are concrete requirements regarding the notification of termination. Businesses that will dismiss employees must comply with such requirements; otherwise, the measure could be ineffective.
In Spain, a recent judgement on company dining halls reminds companies about the importance of collective bargaining when it comes to achieving consensus on social benefits with workers.
The existence of a working relationship is established through a contract. In Spain, the elements and clauses of the contract must clearly and unequivocally define all aspects of the working conditions.