News about the legal conditions of recruitment in Spain
The Law of consumers and users protection in Spain establishes that any contract with consumers and users signed by the 13th of June 2014 must include additional information for the consumer prior to signature of the contract.
What information must be provided to the consumer in Spain?
The reform of the law forces the employer to provide the consumer with relevant, truthful and sufficient information about the main characteristics of the contract in particular about their legal and economic conditions, before the establishment of the contractual relationship.
The following is considered relevant pre-contractual information:
- The main characteristics of the goods or services.
- The identity of the direct employer or on whose behalf it acts.
- The total price including all taxes and fees. if the price can’t be calculated previously or it is dependent on Budget, the way to determinate the price and the additional expenses (such as transport or delivery …) must be reported
- The form and date of payment, delivery and execution
- The legal guarantee of conformity
- The duration of the contract and the terms of resolution
- The language or languages in which they may enter into an agreement
- The existence of the right of withdrawal and the deadline and way to execute it.
- Claims procedure and information on extrajudicial conflict resolution system
Therefore in drafting the general conditions of recruitment, the employer should consider the following issues in their contracts with users or consumers in Spain:
- Before the consumer and user can be bound by any contract or offer, the employer must obtain express consent for any additional payment to the agreed remuneration.
- In the absence of express consent and that it was deduced using default options which the consumer and user should refuse to avoid the additional payment, he shall be entitled to reimbursement of such payment
- Payment Options: employers are prohibited from charging fees that exceed the cost that they themselves spend for the use of such means of payment
- Obligation to report the existence and content of the commitments of permanence, as well as the penalties that exist in case of low advance
- The penalty for leave or premature termination of the contractual relationship will be proportional to the number of non effective agreed permanence engagement days
- When contracts with consumers and users contain clauses not individually negotiated, they must have a size of at least a millimeter and a half and be written in such a color that they contrast with the background and are not difficult to read
- If the employer does not comply with the duty of information on the right of withdrawal , the period to exercise it exercise shall be 12 months from the transferring of the goods or the signing of the contract
- Arbitration agreements concluded before emerging conflict will not be binding for the consumer
- The employers attached to an extrajudicial dispute resolution system must indicate this situation in commercial offers where details of their services are presented, and how to obtain more information about them.