The “à la carte” working day is once again challenging companies in Spain. Beyond the impact on the organization of working days and shifts, workers’ demands can provide guarantees of indemnity against possible dismissals.
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.
The new Royal Decree-Law 28/2018, of 28 December, determines the inclusion in the Social Security System of persons who carry out training practices, non-work practices, or external academic practices in companies, institutions or entities included in training programmes. The measure applies to remunerated and non-remunerated internships.
The Spanish justice system begins to call into question the à la carte working day when it appreciates that the organisational causes founded by the company are more relevant than the purposes alleged by the workers who request the adaptation of their working hours.
Law 27/2011, of August 1st, in its sixteenth additional provision, establishes, for companies that carry out redundancy procedures affecting workers from fifty years of age onwards, the obligation to make a financial contribution to the Public Treasury.
Community regulation and, by transposition, Spanish regulation, allow companies to use qualified electronic signatures as a fully effective and legally valid instrument for signing contracts and other employment documents.
Companies that carry out business in Spain must comply with the applicable labour standards on working hours and public holidays. This includes compliance with minimum rest and maximum working hours as well as annual leave and public holiday regulations.
Companies will have the possibility to establish a double salary scale based on the date of incorporation of the employees, as long as they respect the provisions of the applicable law and collective agreements.
The working time register is an amendment to Article 34 of the Workers’ Statute. This measure provides that companies in Spain must ensure compliance with the established limits on working time.
Articles 41 and 51 of the Labour Law in Spain establish the procedure to be followed in the negotiating of the conditions of an employee’s work contract, as well as in the case of its expiry, when said contract affects all workers.
The modification of Article 34 of the Workers’ Statute through Royal Decree-Law 8/2019 introduces new regulations for companies to comply with. Maintenance of the daily record of working hours (start and end times) is one of the new measures.