Labor Law: Collective Conflict, Contracts, Working Time & Social Security

Collective Labor Conflict

Conflict collective work:

• Agreement between the parties: voluntary.
• Reconciliation: the parties agree to a third party to intervene to facilitate negotiations but with no decision power.
• Mediation: the parties agree to a third party to intervene and offer settlement proposals, but that third party has no decision power.
• Arbitration: a third party intervenes and the arbitrator imposes a solution.

Working Time, Breaks and Shifts

Labor Weather: (working time and related rules)

Daily and Weekly Limits

• Day: up to 40 hours per week.
• Maximum per day: 9 hours per day, respecting required breaks.

Breaks and Rest Between Shifts

• Breaks within the day: 15 minutes; this applies when the workday continues beyond six hours.
• Rest between shifts: time between the end of one day and the start of the next should exceed 12 hours.
• Weekly rest: a minimum of one and a half uninterrupted days per week.
• Holidays: minimum of 30 calendar days paid.

Night Work and Shift Work

• Night period: from 22:00 to 06:00.
• Working in shifts: when a continuous production process is organized in rotating shifts.

Overtime Rules

• Overtime, normal: performed to meet increased demand.
• Overtime, force majeure: extra hours to prevent damage and in urgent cases.

Social Security and Contributions

Social Security Definition

Social Security is a public entity that organizes and manages a system of coverage that guarantees a series of social welfare services and adequate social benefits to workers and their families in situations of need.

Social Security Contributions

Social Security contributions: are the payments made by workers and businesses to finance Social Security.

Types of Employment Contracts

The following sections describe several contract categories and requirements.

Fixed-Term Contracts — Objective Work

fixed-term contracts: Work: objective:

These contracts cover the performance of works or services that, due to their autonomy and substantive nature, are outside the regular business activity. Duration corresponds to the time necessary to complete the work or service.

Eventual Contracts

Eventual: used to meet market demand, accumulation of excess employment or orders, even if they relate to the regular business activity. Up to 6 months within a 12-month reference period.

Interim (Substitution) Contracts

Interim: to replace a worker with the right to return to their job. The duration is as long as the replaced worker retains the right to return.

Internship Contracts — Requirements

Contract internship requirements: the trainee must hold a vocational training certificate, a university degree, or a higher qualification.

Training Contracts — Requirements

Contract training: for people between 16 and 21 years of age. No academic qualifications are required to enter into a training contract for practical training purposes.

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