Labor Law Essentials: Working Hours, Leave, and Compensation

Labor Law Exam: Key Concepts

1. Characteristics of Overtime Work

• Its implementation is voluntary, unless agreed upon in collective agreements or employment contracts.
• Night workers and minors cannot work overtime.
• Hours worked to prevent or repair imminent damage, or other extraordinary and urgent situations, are not taken into account for maximum ordinary working hours or authorized overtime limits, without prejudice to their compensation as overtime.
• In the absence of a specific agreement, overtime will be compensated with equivalent paid rest days.

2. Statutory Reductions in Working Hours

Below are three causes for statutory reductions in working hours, indicating their duration and whether they are paid:

• Lactation: Workers are entitled to an hour's absence for breastfeeding a child under nine months, which may be split into two fractions. The duration is increased proportionally in cases of multiple births. (Paid)
• Hospitalized Children After Childbirth: In cases of premature babies or children who, for whatever reason, must remain hospitalized after birth, workers are entitled to reduced hours. (Paid, specific conditions apply)
• Family Care: Workers are entitled to reduced working hours (less than one-eighth and up to one-half of the normal working day) for the direct care of a child under 12, a person with a disability, or a relative up to the second degree of kinship who cannot care for themselves. (Unpaid, unless collective agreement states otherwise)

3. Legal Provisions for Annual Holidays

The law stipulates a minimum of 30 calendar days of annual leave, which cannot be exchanged for financial compensation. Holidays are calculated in calendar days, including Sundays and public holidays, unlike working days, which are deducted.

4. Types of Paid Leave and Their Duration

• Marriage: 15 calendar days.
• Birth of a Child, Serious Illness, Hospitalization, or Death of Relatives (within the second degree of kinship): 2 calendar days (4 if travel outside the province is required).
• Relocation of Usual Residence: 1 day.
• Breastfeeding a Child Under 9 Months: (As detailed in point 2, an hour's absence, split into two fractions).

Test Section

1. Which statement about the workday is FALSE? - C
2. A worker with time from 24h to 8h - B
3. If we have to work on December 25 - A
4. When can vacation pay be changed? - C
5. Weekly rest -- (Answer missing)
6. Not deemed salary to: -- (Answer missing)
7. The salary is subject to attachment -- (Answer missing)
8. FOGASA covers wages up to -- (Answer missing)
9. Always appear on the payroll deductions from - C
10. Regarding the salary can not in Spain - B

Practical Exercise

• Accrued: Total €1110
• Deductions:
  • (B1) €48.18
  • (B2) €1.10
  • (B3) €17.84
  • (B4) €4.23
  • (B5) €138.60