Employment Law and Contracts Practice Quiz (32 questions)

Explanation

Labour law is the set of rules governing employment relationships between workers and employers. Workplace safety rules, civil agreements, and worker organizations are narrower or different subjects.

Explanation

The Workers’ Statute was established in 1980, and a new text in 2015 incorporated modifications made over the years. The other timelines either reverse the dates or substitute a different year.

Explanation

An employment relationship is between the person performing the work, the worker, and the person for whom it is performed, the employer. Reversing the roles or substituting a customer or worker organization changes the parties involved.

Explanation

Work for another means the employer owns the result and bears the costs, profits, and losses; the designer instead sells work to clients and bears business risks. Personal and voluntary work are separate requirements, while special rules do not define this missing condition.

Explanation

Special employment relationships meet the general employment requirements but need specific rules; excluded relationships fail a requirement or have their own regulatory regime, as civil-service roles do. Treating specific rules as sufficient for exclusion overlooks whether the general requirements are met.

Explanation

Material sources are the institutions empowered to create rules, while formal sources are the rules they create. Reversing the categories, substituting the Constitution, or treating both as formal sources confuses these distinct roles.

Explanation

The Constitution is the most important rule in Spain’s legal system, binds both public powers and citizens, and establishes fundamental rights and freedoms. Calling it an ordinary statute, excluding citizens, or replacing fundamental rights with labour rules misstates its status or scope.

Explanation

Normative hierarchy prevents a lower-ranking rule from contradicting a higher-ranking one. Choosing by worker-favourability applies a different principle, while specificity and individual waiver do not resolve the hierarchy conflict.

Explanation

When two rules apply to a labour dispute, the minimum-standard principle selects the rule more favourable to the worker. Formal rank belongs to normative hierarchy, while recency and preservation of existing conditions are not the selection rule described here.

Explanation

Workers’ basic rights include union membership, collective bargaining, striking, and information, consultation, and participation at the enterprise. Training and timely pay are rights arising from employment, safety compliance and good faith are duties, and wage payment and Social Security are employer obligations.

Explanation

Timely payment of agreed remuneration and professional promotion and training are rights arising from employment. Collective participation rights concern matters such as union membership and bargaining, while employer duties describe the other party’s corresponding responsibilities.

Explanation

Workers generally follow employer instructions, but that duty excludes instructions that create a health risk, among other specified exceptions. Treating every instruction as binding ignores the exception; the pay-change condition and a privacy-only exception do not reflect the stated rule.

Explanation

Employer obligations include paying wages, providing effective work, facilitating promotion and training, avoiding discrimination, respecting privacy and physical integrity, complying with safety measures, and fulfilling Social Security duties. Good faith and following instructions are worker duties; basic collective rights belong to workers, and safety and Social Security are not shifted to them.

Explanation

Working time may not exceed an average of 40 hours per week calculated annually, so a 39-hour annual average meets the limit. A fixed weekly cap confuses averaging with a week-by-week rule; the daily maximum is a separate limit; and an agreement cannot override the annual limit.

Explanation

For shift work, the minimum rest between working days is 7 hours. Twelve hours is the general inter-day minimum, while 9 and 8 hours are daily work maximums for adults and minors, respectively.

Explanation

Workers under 18 must receive 2 uninterrupted weekly rest days, and those days cannot be accumulated. The 1.5-day and 11-working-day arrangements describe adult scheduling; accumulating the minor’s rest days violates the stated exception.

Explanation

Irregular scheduling may cover at most 10% of annual working hours, so assigning 12% exceeds that ceiling. The 40-hour figure is an average weekly limit, and compliance with rest requirements does not remove the separate 10% restriction.

Explanation

The minimum is 30 calendar days for a full year, reduced proportionally for a partial year; six months therefore corresponds to at least 15 calendar days. The vacation dates must be communicated at least two months in advance; the full-year and working-day interpretations are mistaken.

Explanation

An employment contract involves voluntary services under the employer’s organisation and direction in exchange for salary. Independent provision omits employer direction, unpaid work omits the salary exchange, and involuntary work omits consent.

Explanation

The cause of an employment contract is the exchange of work for salary. Consent is the parties’ free agreement, while the object is the work and salary, which must be lawful, possible and determined.

Explanation

A trial period may not be set when the worker has already performed the same functions for that employer. The rule concerns prior performance of those functions, not whether the contract is new or whether a cause or compensation is offered.

Explanation

The three main models are indefinite, fixed-term and training contracts. Part-time describes a working-time arrangement, while seasonal work is not one of the three listed models.

Explanation

An indefinite contract has no end date, whereas a fixed-term contract has a clear, specific and valid temporary cause and an end date. The specified temporary end distinguishes Leo’s contract; neither description identifies a training contract.

Explanation

Part-time describes working time rather than a separate contract type, and it can be combined with an indefinite contract. Overtime is prohibited except in cases of force majeure; treating ordinary busy periods as an exception confuses routine demand with that exception.

Explanation

Functional mobility permits different duties when the worker has the required qualifications and the change respects dignity. Geographical mobility concerns a different work centre; substantial modifications require specified business reasons; suspension temporarily interrupts work.

Explanation

Contract suspension temporarily interrupts work for a statutory cause, ends the contract’s work and pay obligations, and generally preserves the right to return. Extinction ends employment, continued pay misunderstands suspension, and reassignment changes duties rather than suspending the contract.

Explanation

Disciplinary dismissal is based on a serious and culpable breach. Objective dismissal relies on specified individual grounds, collective dismissal concerns a significant number of jobs for stated business reasons, and justified describes compliance and support for the cause rather than the dismissal category.

Explanation

Objective dismissal requires 15 days’ written notice, compensation of 20 days’ salary per service year capped at 12 monthly payments, and 6 paid job-search hours per week during notice. The 33-day figure belongs to one remedy for unjustified dismissal; the other alternatives alter the notice period or make job-search time unpaid.

Explanation

A worker has 20 working days from the dismissal date to challenge it in labour court. Fifteen days is the objective-dismissal notice period, while the other choices use the wrong day-count basis or deadline.

Explanation

A dismissal based on prohibited discrimination or violating fundamental rights and public freedoms is null. Unjustified dismissal involves an unproven cause or formal failure, justified dismissal is procedurally compliant and supported by cause, and disciplinary dismissal concerns serious culpable conduct.

Explanation

Paid leave for a relative’s death is 4 days when travel is required. Two days applies when travel is not required, while five days applies to specified serious illness or medical circumstances.

Explanation

A substitution contract covering a position during selection may last at most 3 months unless the collective agreement sets a shorter limit. Eighteen months relates to a separate limit on successive temporary contracts, not this selection-cover period.