Employment Law and Contracts Flashcards (74 cards)

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1Question

What does labour law govern?

Answer

Employment relationships between workers and employers.

2Question

What is an employment relationship?

Answer

A relationship between a worker performing work and the employer for whom it is performed.

3Question

What makes work personal in an employment relationship?

Answer

The worker cannot be replaced at will.

4Question

What makes work voluntary in an employment relationship?

Answer

The worker must not be coerced.

5Question

Who owns the result of work in an employment relationship?

Answer

The employer.

6Question

What characterizes special employment relationships?

Answer

They meet general employment requirements but need specific rules.

7Question

Why are some relationships excluded from employment rules?

Answer

They fail a requirement or are governed by their own regulations.

8Question

What distinguishes material from formal sources of labour law?

Answer

Material sources are rule-making institutions; formal sources are the rules they create.

9Question

What is the Spanish Constitution’s role in the Spanish legal system?

Answer

It is the system’s most important rule.

10Question

What does normative hierarchy prohibit a lower-ranking rule from doing?

Answer

Contradicting a higher-ranking rule.

11Question

Which four principles govern labour law?

Answer

The minimum-standard, in dubio pro operario, non-waivability, and more-beneficial-condition principles.

12Question

When two rules apply to a labour dispute, which rule does the minimum-standard principle favour?

Answer

The rule more favourable to the worker.

13Question

Which basic rights do workers have regarding unions, bargaining, strikes, and assembly?

Answer

Workers may join a union, bargain collectively, strike, and assemble.

14Question

What information-related rights do workers have at the enterprise?

Answer

Workers have rights to information, consultation, and participation.

15Question

Which rights arise from employment regarding advancement and equal treatment?

Answer

Workers have rights to professional promotion, training, and non-discrimination.

16Question

Which rights protect workers’ bodies, safety, and privacy at work?

Answer

Workers have rights to physical integrity, workplace safety, and privacy.

17Question

What must workers do when fulfilling their job duties?

Answer

Workers must fulfil their duties in good faith.

18Question

When may workers refuse employer instructions?

Answer

Workers may refuse instructions that are illegal, invade private life, undermine dignity, or create a health risk.

19Question

What must employers provide regarding wages and work?

Answer

Employers must pay wages and provide effective work.

20Question

Which workplace duties must employers fulfil beyond paying wages?

Answer

Employers must support promotion and training, prevent discrimination, protect integrity and privacy, ensure safety, and meet Social Security obligations.

21Question

What is working time, and what is its annual average weekly limit?

Answer

Time spent doing the job each day, averaging no more than 40 hours per week annually.

22Question

What are the daily maximum hours under regular scheduling for adults and workers under 18?

Answer

Nine hours for adults and eight hours for workers under 18.

23Question

What minimum rest separates working days under regular scheduling and shift work?

Answer

Twelve hours, or seven hours for shift work.

24Question

What weekly rest do adults receive, and how may it be accumulated?

Answer

At least 1.5 uninterrupted days, accumulable as 11 working days followed by 3 rest days over 14 days.

25Question

What limits apply to irregular scheduling’s weekly hours and annual share?

Answer

Weekly hours must average no more than 40, and irregular scheduling may cover at most 10% of annual working hours.

26Question

What is the minimum annual paid vacation entitlement?

Answer

30 calendar days.

27Question

How must annual vacation be adjusted if a worker does not work the entire year?

Answer

It is reduced proportionally.

28Question

What defines an employment contract?

Answer

A voluntary agreement to provide services under an employer’s organisation and direction in exchange for a salary.

29Question

What are the three essential elements of an employment contract?

Answer

Consent, a lawful, possible, determined object, and a cause consisting of work exchanged for salary.

30Question

When may either party end an employment contract during its trial period?

Answer

Either party may end it without stating a cause or paying compensation.

31Question

When is an employment contract’s trial period prohibited?

Answer

When the worker has already performed the same functions for that employer.

32Question

What are the three main employment contract models?

Answer

Indefinite, fixed-term, and training contracts.

33Question

How does an indefinite contract differ from a fixed-term contract?

Answer

An indefinite contract has no end date; a fixed-term contract has a valid temporary cause and an end date.

34Question

When may functional mobility assign a worker different duties?

Answer

When the worker has the required qualifications and the change does not undermine their dignity.

35Question

What is contract suspension?

Answer

A temporary interruption of work for a statutory cause that ends work and pay obligations while generally preserving the right to return.

36Question

What ends the employment relationship in contract extinction?

Answer

The employment relationship between the employer and the worker ends.

37Question

What grounds justify disciplinary dismissal, objective dismissal, and collective dismissal?

Answer

Disciplinary dismissal involves a serious culpable breach; objective dismissal relies on specified individual grounds; collective dismissal affects many jobs for economic, technical, organisational, or production reasons.

38Question

What notice, compensation, and job-search time does objective dismissal require?

Answer

Fifteen days’ notice, 20 days’ salary per service year up to 12 monthly payments, and six paid hours weekly to seek work.

39Question

How long does a worker have to challenge dismissal in labour court?

Answer

Twenty working days from the dismissal date.

40Question

What distinguishes justified, unjustified, and null dismissal?

Answer

Justified dismissal meets procedure and proves its cause; unjustified dismissal lacks proof or formal compliance; null dismissal involves prohibited discrimination or violates fundamental rights and public freedoms.

41Question

In which year was the Workers’ Statute established?

Answer

1980.

42Question

What did the 2015 text of the Workers’ Statute incorporate?

Answer

Modifications made over the years.

43Question

What does the workers’ movement seek to improve?

Answer

Workers’ social, labour, and economic conditions at work.

44Question

Which international and regional organizations does Spain belong to that develop labour rules?

Answer

The International Labour Organization and the European Union.

45Question

How does in dubio pro operario guide judges interpreting ambiguous laws?

Answer

They interpret the law in favour of the worker.

46Question

What may workers do with rights granted by rules?

Answer

They cannot waive them.

47Question

How does a split working day differ from a continuous working day?

Answer

A split day has an interruption dividing it into two periods; a continuous day has none.

48Question

When is a break required during continuous work for adults and minors?

Answer

After more than 6 consecutive hours for adults and more than 4.5 hours for minors.

49Question

What must employers record and retain since 13 May 2019?

Answer

Employers must record employees’ starting and finishing times and keep the records for 4 years.

50Question

How many paid leave days are granted for a worker’s marriage?

Answer

15 calendar days.

51Question

How many paid leave days are granted when a worker moves their usual residence?

Answer

One day.

52Question

How much paid leave covers necessary public personal duties or prenatal appointments and birth-preparation techniques?

Answer

The necessary time.

53Question

How many paid leave days are granted per three months of temporary relocation?

Answer

Four days.

54Question

Can vacation duration be reduced for strike action, temporary incapacity, a worker sanction, or birth or adoption leave?

Answer

No; none of these circumstances can reduce vacation duration.

55Question

When may a person under 18 enter a valid employment contract?

Answer

From age 16 if legally emancipated, authorised by a parent or guardian, or living independently with their consent.

56Question

When must an employer provide written information about an employment contract’s essential terms?

Answer

When the contract lasts longer than four weeks.

57Question

What must a written employment contract include about the job and working arrangements?

Answer

The job, professional group, workplace, working time, and its distribution.

58Question

What must a written employment contract include about pay and leave?

Answer

Salary, supplements, and vacation.

59Question

When does a worker with temporary contracts become permanent?

Answer

When the contracts exceed 18 months within a 24-month period.

60Question

What is the maximum duration of an unforeseeable-needs production contract?

Answer

Six months, extendable to 12 months if the collective agreement allows it.

61Question

What is the annual limit for a foreseeable-needs production contract?

Answer

Ninety non-consecutive days per year.

62Question

What is the maximum duration of an alternating work-and-training contract?

Answer

Two years.

63Question

How long does a professional-practice contract last?

Answer

At least 6 months and at most 1 year.

64Question

What does geographical mobility require a worker to do?

Answer

Work at a centre different from the one stated in the employment contract.

65Question

Which reasons may justify a collective transfer affecting a whole centre?

Answer

Economic, technical, organisational, or production reasons.

66Question

Which working conditions may substantial modifications affect?

Answer

Working time, schedule, its distribution, shift arrangements, remuneration, performance systems, or duties beyond functional mobility limits.

67Question

Which circumstances can cause contract suspension?

Answer

Mutual agreement, incapacity, public office or union representation, pregnancy or breastfeeding risk, pre-trial detention, discipline, strike, lawful closure, gender-based violence, birth and care, adoption, or foster care.

68Question

How long does suspension last for birth and care, adoption, or foster care?

Answer

Sixteen weeks, or sixteen weeks per parent for adoption or foster care.

69Question

How long may a victim of gender-based violence suspend their contract?

Answer

Six months, extendable in three-month periods up to eighteen months.

70Question

Which conduct can constitute grounds for disciplinary dismissal?

Answer

Repeated unjustified absence or lateness, indiscipline, offences, sustained voluntary underperformance, habitual intoxication or drug addiction, or specified forms of harassment.

71Question

What must a disciplinary dismissal letter state?

Answer

The grounds, date, place, and effective date.

72Question

What grounds can justify objective dismissal?

Answer

Post-trial ineptitude, failure to adapt to technical changes, job elimination for specified business reasons, or insufficient budget for public positions.

73Question

How long is paid leave for a relative’s serious illness, hospitalization, or qualifying surgery?

Answer

Five days.

74Question

What is the maximum selection-cover period under a substitution contract, absent a shorter collective-agreement limit?

Answer

Three months.

Test yourself with the quiz

Answer 32 questions on Employment Law and Contracts.

1. What does labour law govern?

2. Which timeline correctly describes the Workers’ Statute?

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