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An Insight into the Labor Laws of Spain

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BALMS ABOGADOS
An Insight into the Labor Laws of Spain

During the pandemic, several companies opted to work from home in Spain. Most of the employees worked out of their family schedules just to make sure that everything goes fine on the work front. Knowledge of labor laws is important for the employer and the employee as well. 

 

The legal implications apply to both. To understand the implications of the labor law professional solicitors in Marbella, Spain can come to your help. Read below to know more about the labor laws in Spain. 

 

Is Labor Law a Matter of Just Office Hours?

 

Labor Laws in Spain are not just limited to prescribed office hours but they are more comprehensive. These laws intend to protect employees and regulate the terms and conditions of the employment sector. The law aims to standardize and control the relationship between the employer and the employee. Let us have a look at the key points of the laws that guarantee the safety and social security of employees in Spain. 

 

Key Points of the Labor Laws

 

  • Spanish labor laws are subject to freedom of form. The parties forming a job contract are free to sign the contract either verbally or orally.
  • If there is no mention of a fixed term of the employment then according to the Spanish law the employment is termed to be an indefinite term.
  • In the case of the formation of a new business in Spain, the labor laws are automatically transferred to the employer. The employees’ rights are also considered automatically without any further formality.
  • Workers' Statute will be considered applicable for determining minimum working conditions of the employees. 
  • Dismissals and terminations will be subjected to the agreements or the contracts between the employer and the employee. 

 

General Working Conditions

 

The minimum working conditions for the employees are generally mentioned in the Workers Statute and the collective agreements if any applies. Employees enjoy various minimum rights under the Spanish Law including the following elements of working conditions.

 

Time: The maximum number of hours of work in a week is 40. However, the distribution may be uneven according to the mutual agreement between the employer and the employee. Structural overtime hours are allowed in Spanish Labor Laws as it will help the employer to compensate with the leaves and the delays in the work targets due to the uneven hours of the work. 

 

Salary: Employees are allowed to take salary and incentives as mentioned in the collective agreements. According to the Spanish remuneration conditions, the salary and in-kind, are permissible, provided the latter does not exceed 30% of the salary amount. 

 

Health and Safety: According to the Spanish laws, the employer acts as a guarantor of the health and safety of the employees. At the workplace, an employer is expected to take all the precautions to eliminate the possible risks to the health of the workers. 

 

Conclusion

 

In the post-pandemic period, Spain has announced to experiment with a four-day-per-week schedule working total of 32 hours in a week. The concept is in its pilot stage. Whether it is a change in working conditions or a new concept, the employers must follow the minimum required to comply with the Spanish labor laws. It will help the employees to be more productive while being in terms with the Spanish Labor Laws. 

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