Employee Rights & Working Conditions in Spain

Holidays

The total number of public holidays per year does not exceed 14, of which 2 are local festivities (municipalities).

National Holiday Calendar

• December 25 (Christmas Day)
• January 1 (New Year's Day)
• May 1 (Labor Day)
• October 12 (National Holiday of Spain)

When an employee works on a public holiday, the company must grant compensatory rest or pay the salary amount for the festive hours increased by 75%.

Paid Leave Entitlements

Employees are entitled to paid leave for the following reasons:

• Marriage (and unregistered partnerships in some collective agreements): 15 calendar days.
• Prenatal examinations and childbirth preparation techniques: Indispensable time.
• Breastfeeding a child under 9 months (can be replaced by a corresponding reduction in working hours): One hour per day or two half-hour periods during the workday.
• Birth and care of a premature child (can be replaced by a reduction in working hours up to 2 hours): One hour away from work.
• Fulfillment of an inescapable public and personal duty: Indispensable time.
• Relocation of habitual residence: One day.
• Job search leave when a contract has expired for objective reasons: 6 hours per week to be taken during the notice period (30 days).
• Employee representation: Monthly hours fixed in proportion to the number of representatives.
• Birth of a child: 2 days (if no displacement), 4 days (if displacement is required).
• Serious illness or accident of a family member up to the 2nd degree: 2 days (if no displacement), 4 days (if displacement is required).
• Hospitalization of a family member up to the 2nd degree: 2 days (if no displacement), 4 days (if displacement is required).
• Outpatient surgical intervention requiring home rest for a family member up to the 2nd degree: 2 days (if no displacement), 4 days (if displacement is required).
• Death of a family member up to the 2nd degree: 2 days (if no displacement), 4 days (if displacement is required).

Understanding Salary

Salary is defined as the total remuneration received by an employee, in cash or in kind, for performing gainful employment.

Base Salary

The base salary is the fixed part of remuneration calculated per unit of time or per unit of work.

Salary Calculation Methods

Salary can be calculated using various methods:

• Per unit of work: e.g., per meter, per piece.
• Per unit of time: e.g., per hour, per day, per month.
• Mixed: A combination of a fixed amount per time unit and a variable component dependent on goals achieved.

Substantial Changes in Working Conditions

These are examples of substantial changes in working conditions that may affect:

• Working Hours: An extension of the annual working hours.
• Work Schedule: For example, changing an employee's continuous schedule to a split schedule with a 3-hour break for meals.
• Shift Work System: Changing from a fixed shift to alternating morning and afternoon shifts.
• Remuneration System: Variations in the form of night shift remuneration.
• Work and Performance System: The employer modifies the number of workers in a team assigned to a particular work system without consultation.
• Extraordinary Functional Mobility: Downward mobility, such as assigning a department head the functions of a parking attendant.