Employee Rights and Employer Powers in Spain: Key Labor Laws

Protection of Personal Data

The second case is the protection of Personal Data. Workers are entitled to have their Personal Data handled by the employer used only for the purpose for which it was given. It cannot be assigned to someone else and must be guarded securely.

Duties of Workers

Diligence and Good Faith

Workers are required to exercise diligence and adhere to the rules of good faith. Regarding care, the provision of services must apply all their knowledge that can be externalized in performance. Gross or qualified negligence could result in a breach that may lead to dismissal. If a worker does not reach the agreed-upon or usual performance level, it may be attributed to the employer if the employer does not provide the appropriate instruments. If the employer can demonstrate that the decreased performance is attributable to the worker, it is considered a breach of their own duty.

Good Faith: Article 21

The employee must comply with good faith in their behavior within the company. Pluri-employment is supported, allowing multiple jobs, whether autonomous or employed, simultaneously. A violation of the principle of good faith occurs when an employee competes unfairly, engaging in the same activity using information or documentation from the employer for personal gain without informing the employer. Engaging in the same activity is permissible, but not unfairly.

Post-Contractual Non-Compete Agreement

Article 21 allows the employer and employee to agree in writing that the worker agrees not to compete after the termination of the employment contract, regardless of the cause of dismissal. As this is a basic limitation, it is temporary, with a maximum duration of two years. The worker should be financially compensated. How is this compensation agreed upon? Typically, it's based on the average wage in the sector. The worker ceases to receive compensation if they leave voluntarily or are dismissed.

Exclusivity Pact

If the employer wants the worker to work exclusively, they must agree to this, either collectively or individually, and always in writing. This must be financially compensated. Article 21 allows the worker to unilaterally terminate this agreement with a minimum notice period of 30 days. If the employee breaches the covenant, it would be a breach of the duty of good faith, constituting grounds for dismissal due to misconduct under Article 54, specifically the transgression of contractual good faith.

Permanence Agreement

This applies when employers bear the cost of specialized training for workers. For example, the company pays for a master's degree. In such cases, they may agree in writing that the worker will remain with the company for a minimum period. This is time-limited, with a maximum duration of two years for qualified technicians and six months for other workers. If the employee resigns, the employer may claim the cost of the course and seek damages. This claim is made in civil courts.

Other Breaches of Good Faith

Two other cases of breach of the duty of good faith not explicitly envisaged in the law are the revelation of secrets and bribery. Regarding bribery, workers are forbidden to receive any form of remuneration, in cash or in kind, from anyone other than their employer, except for tips.

Obligations for Workers in Occupational Risk Prevention

• Properly use personal protective equipment.
• Correctly use protective measures.
• Inform the immediate superior of any alleged serious or imminent risk.

Obedience

This must be considered in relation to the employer's right to give orders and instructions. However, these instructions must be given in the regular exercise of corporate power by the employer or their agent.

Cases of the Right to Resist Orders: "Ius Resistentiale"

1. When the order is to commit an unlawful act, not just criminal but also administrative.
2. When the instructions involve harm to the worker.
3. When orders and instructions are given by a person who is not qualified to do so.

Powers of the Employer

1. Power of direction and organization.
2. Orders and instructions: The employer can regulate and make provisions for workers, including internal rules not in the agreement.
3. Change working conditions (Ius Variandi): The employer can unilaterally change working conditions, but with limits.
4. Control and monitoring: The employer can conduct records, searches, and use surveillance cameras.