Employee Rights and Responsibilities in Spain: A Concise Guide

Employee Rights and Responsibilities in Spain

1. Right to Non-Discrimination

The Spanish Constitution prohibits discrimination based on birth, race, sex, religion, opinion, or any other personal or social circumstance.

2. Right to Privacy and Dignity

Employees are protected from physical and verbal abuse of a sexual nature, or abuse based on race, religion, disability, sexual orientation, or sexual harassment.

3. Right to Physical Integrity and Health and Safety

This right is protected under the law on the prevention of occupational hazards.

4. Right to Promotion and Vocational Training

Employees have the right to promotion and vocational training at work. The Employment Statute (ET) acknowledges permits to attend examinations, choose shifts when pursuing studies to obtain an academic degree, and adjust the ordinary working day for attending school or professional courses. Employers should reserve the job when granting permission for appropriate training.

5. Rights to Employee Inventions

The regulation of employee inventions is found in patent law and the Industrial Property Act.

Duties of Worker and Employer Rights

a) Duty of Good Faith

Employees must comply with the specific obligations of their job, according to the rules of good faith. This duty moralizes the implementation of all contractual obligations of the worker.

b) Duty of Care or Performance

Employees must comply with labor obligations, meeting minimum performance standards.

c) Power of Direction and Duty of Obedience

C-1. Monitoring and Control

Employers have the right to monitor and control employee compliance with their obligations and job duties.

C-2. Employee Records

The employer may make records of the employee (lockers, etc.) when necessary for the protection of business assets and other workers, inside the center and during working hours.

C-3. Verification of Illness

Employers have the right to check the status of disease alleged by the employee to justify their absence from work. Refusal may lead to the suspension of economic rights.

C-4. Compliance with Orders

A worker is required to meet business orders and instructions.

C-5. Non-Competition Agreements

"No competition and non-competition agreements, full commitment and permanence is prohibited" unfair competition. The employee and employer may agree to a full-time (exclusive) arrangement, with appropriate compensation.

5. Employer Liability

The provision of work includes the obligation to include the worker in the Social Security system, depending on the activity, either in the general scheme or special schemes. Membership comes with the obligation to contribute. The employer registers the employee, both at the start and end of employment. Contributions are made monthly (by both employer and employee), depending on the salary, within minimum and maximum limits.

6. Consequences of Worker Default Obligations: Employer Sanctions

The employer may punish faults, which are categorized as minor, serious, and very serious. Minor faults are punishable by reprimands or short suspensions of salary. Serious faults result in suspension from employment. Very serious faults result in longer suspensions or redundancy. Sanctions are subject to review by the courts, with appeals possible, except for very serious misconduct. No fines or penalties reducing holiday breaks are allowed. Very serious misconduct should be reported to workers' representatives in writing. Sanctions are often grouped by collective agreement.