What does labour law govern?
Employment relationships between workers and employers.
What is an employment relationship?
A relationship between a worker performing work and the employer for whom it is performed.
What makes work personal in an employment relationship?
The worker cannot be replaced at will.
What makes work voluntary in an employment relationship?
The worker must not be coerced.
Who owns the result of work in an employment relationship?
The employer.
What characterizes special employment relationships?
They meet general employment requirements but need specific rules.
Why are some relationships excluded from employment rules?
They fail a requirement or are governed by their own regulations.
What distinguishes material from formal sources of labour law?
Material sources are rule-making institutions; formal sources are the rules they create.
What is the Spanish Constitution’s role in the Spanish legal system?
It is the system’s most important rule.
What does normative hierarchy prohibit a lower-ranking rule from doing?
Contradicting a higher-ranking rule.
Which four principles govern labour law?
The minimum-standard, in dubio pro operario, non-waivability, and more-beneficial-condition principles.
When two rules apply to a labour dispute, which rule does the minimum-standard principle favour?
The rule more favourable to the worker.
Which basic rights do workers have regarding unions, bargaining, strikes, and assembly?
Workers may join a union, bargain collectively, strike, and assemble.
What information-related rights do workers have at the enterprise?
Workers have rights to information, consultation, and participation.
Which rights arise from employment regarding advancement and equal treatment?
Workers have rights to professional promotion, training, and non-discrimination.
Which rights protect workers’ bodies, safety, and privacy at work?
Workers have rights to physical integrity, workplace safety, and privacy.
What must workers do when fulfilling their job duties?
Workers must fulfil their duties in good faith.
When may workers refuse employer instructions?
Workers may refuse instructions that are illegal, invade private life, undermine dignity, or create a health risk.
What must employers provide regarding wages and work?
Employers must pay wages and provide effective work.
Which workplace duties must employers fulfil beyond paying wages?
Employers must support promotion and training, prevent discrimination, protect integrity and privacy, ensure safety, and meet Social Security obligations.
What is working time, and what is its annual average weekly limit?
Time spent doing the job each day, averaging no more than 40 hours per week annually.
What are the daily maximum hours under regular scheduling for adults and workers under 18?
Nine hours for adults and eight hours for workers under 18.
What minimum rest separates working days under regular scheduling and shift work?
Twelve hours, or seven hours for shift work.
What weekly rest do adults receive, and how may it be accumulated?
At least 1.5 uninterrupted days, accumulable as 11 working days followed by 3 rest days over 14 days.
What limits apply to irregular scheduling’s weekly hours and annual share?
Weekly hours must average no more than 40, and irregular scheduling may cover at most 10% of annual working hours.
What is the minimum annual paid vacation entitlement?
30 calendar days.
How must annual vacation be adjusted if a worker does not work the entire year?
It is reduced proportionally.
What defines an employment contract?
A voluntary agreement to provide services under an employer’s organisation and direction in exchange for a salary.
What are the three essential elements of an employment contract?
Consent, a lawful, possible, determined object, and a cause consisting of work exchanged for salary.
When may either party end an employment contract during its trial period?
Either party may end it without stating a cause or paying compensation.
When is an employment contract’s trial period prohibited?
When the worker has already performed the same functions for that employer.
What are the three main employment contract models?
Indefinite, fixed-term, and training contracts.
How does an indefinite contract differ from a fixed-term contract?
An indefinite contract has no end date; a fixed-term contract has a valid temporary cause and an end date.
When may functional mobility assign a worker different duties?
When the worker has the required qualifications and the change does not undermine their dignity.
What is contract suspension?
A temporary interruption of work for a statutory cause that ends work and pay obligations while generally preserving the right to return.
What ends the employment relationship in contract extinction?
The employment relationship between the employer and the worker ends.
What grounds justify disciplinary dismissal, objective dismissal, and collective dismissal?
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.
What notice, compensation, and job-search time does objective dismissal require?
Fifteen days’ notice, 20 days’ salary per service year up to 12 monthly payments, and six paid hours weekly to seek work.
How long does a worker have to challenge dismissal in labour court?
Twenty working days from the dismissal date.
What distinguishes justified, unjustified, and null dismissal?
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.
In which year was the Workers’ Statute established?
1980.
What did the 2015 text of the Workers’ Statute incorporate?
Modifications made over the years.
What does the workers’ movement seek to improve?
Workers’ social, labour, and economic conditions at work.
Which international and regional organizations does Spain belong to that develop labour rules?
The International Labour Organization and the European Union.
How does in dubio pro operario guide judges interpreting ambiguous laws?
They interpret the law in favour of the worker.
What may workers do with rights granted by rules?
They cannot waive them.
How does a split working day differ from a continuous working day?
A split day has an interruption dividing it into two periods; a continuous day has none.
When is a break required during continuous work for adults and minors?
After more than 6 consecutive hours for adults and more than 4.5 hours for minors.
What must employers record and retain since 13 May 2019?
Employers must record employees’ starting and finishing times and keep the records for 4 years.
How many paid leave days are granted for a worker’s marriage?
15 calendar days.
How many paid leave days are granted when a worker moves their usual residence?
One day.
How much paid leave covers necessary public personal duties or prenatal appointments and birth-preparation techniques?
The necessary time.
How many paid leave days are granted per three months of temporary relocation?
Four days.
Can vacation duration be reduced for strike action, temporary incapacity, a worker sanction, or birth or adoption leave?
No; none of these circumstances can reduce vacation duration.
When may a person under 18 enter a valid employment contract?
From age 16 if legally emancipated, authorised by a parent or guardian, or living independently with their consent.
When must an employer provide written information about an employment contract’s essential terms?
When the contract lasts longer than four weeks.
What must a written employment contract include about the job and working arrangements?
The job, professional group, workplace, working time, and its distribution.
What must a written employment contract include about pay and leave?
Salary, supplements, and vacation.
When does a worker with temporary contracts become permanent?
When the contracts exceed 18 months within a 24-month period.
What is the maximum duration of an unforeseeable-needs production contract?
Six months, extendable to 12 months if the collective agreement allows it.
What is the annual limit for a foreseeable-needs production contract?
Ninety non-consecutive days per year.
What is the maximum duration of an alternating work-and-training contract?
Two years.
How long does a professional-practice contract last?
At least 6 months and at most 1 year.
What does geographical mobility require a worker to do?
Work at a centre different from the one stated in the employment contract.
Which reasons may justify a collective transfer affecting a whole centre?
Economic, technical, organisational, or production reasons.
Which working conditions may substantial modifications affect?
Working time, schedule, its distribution, shift arrangements, remuneration, performance systems, or duties beyond functional mobility limits.
Which circumstances can cause contract suspension?
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.
How long does suspension last for birth and care, adoption, or foster care?
Sixteen weeks, or sixteen weeks per parent for adoption or foster care.
How long may a victim of gender-based violence suspend their contract?
Six months, extendable in three-month periods up to eighteen months.
Which conduct can constitute grounds for disciplinary dismissal?
Repeated unjustified absence or lateness, indiscipline, offences, sustained voluntary underperformance, habitual intoxication or drug addiction, or specified forms of harassment.
What must a disciplinary dismissal letter state?
The grounds, date, place, and effective date.
What grounds can justify objective dismissal?
Post-trial ineptitude, failure to adapt to technical changes, job elimination for specified business reasons, or insufficient budget for public positions.
How long is paid leave for a relative’s serious illness, hospitalization, or qualifying surgery?
Five days.
What is the maximum selection-cover period under a substitution contract, absent a shorter collective-agreement limit?
Three months.
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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