The right to vacation days in Spain, created by a labour relationship, also exists during periods of sickness, accident, maternity or strike. Nonetheless, vacation days have an expiration date, which excuses an employer from economically compensating for the unused days.
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 Workers’ Statute empowers an employer to adopt the supervision and control measures that are deemed appropriate in order to verify the fulfilment of the obligations and duties of its workers. However, this power is not absolute, and it is exactly how the Spanish courts understand it.
The latest Supreme Court’s sentences validate video surveillance evidence under certain circumstances and after fulfilling specific formal requirements, such as proportionality and notification to the employee, as a fair cause for disciplinary dismissal.
The post-contractual non-compete agreement is contemplated in Article 21.2 of the Spanish Workers’ Statute (Estatuto de los Trabajadores), and it is essential to preserve, among others, the experience, training, networking, etc. acquired by a worker during his or her employment in a company.
The reasons that can justify a disciplinary dismissal in Spain must be based on serious breach and negligence of the employee, for instance repeated and unjustified absence of attendance or punctuality at work, indiscipline or disobedience at work, the continuous and voluntary decline in the normal work performance or verbal or physical offenses.
The regulations on labour and employment in Spain require that all companies keep a daily record of the working hours and the overtime completed by workers. The detection of breaches in compliance with the regulations can result in economic fines for companies.
Companies in Spain that employ workers under the age of 30 years old may apply for a reduction of the company’s contribution to social security. This allowance will be from 75% to 100% depending on the number of workers and will be applicable for a period of one year, which may be extended for another year.
Foreign temporary employment agencies are increasingly considered the solution to a need for a workforce by companies in Spain. Facing an increase in the number of temporary employment agencies and the number of workers employed by these companies, it is important to know the applicable regulations.
In Spain, a company that decides to dismiss a worker for justifiable objective reasons must follow the procedure established in Art. 53 of the Worker´s Statute. Failure to comply with the requirements established may be considered an unfair dismissal.
The legal provisions laying down the basis for collective dismissals for economic reasons, as they were defined in the Spanish Workers’ Statute, infringe European Directive 98/59/CE and have undergone a change. Now, only the workplace that is affected by restructuring is regarded as the basis for individual and collective dismissals.