Labor Rights and Salary Regulations

Paid Leave Entitlements

Employees are entitled to paid leave (Cir-TIME) for the following reasons:

• Marriage: 15 days.
• Parenting, serious illness, or death: 2 to 4 days.
• Surgical intervention: 2 to 4 days.
• Transfer of usual residence: 1 day.
• Union functions and statutory public duty: Essential time for duties of a personal character.
• Breastfeeding: 30 minutes, 1 hour, or a reduction at the start or end of the workday.
• Birth preparation: Indispensable time as required.

Annual Vacation Rights

All workers are entitled to a paid vacation period, which cannot be replaced by financial compensation. This is an irrenunciable right. The minimum duration is 30 calendar days, including weekends. Vacations cannot be accumulated and must be enjoyed within the year. Dates are set by agreement, and the employee must know their vacation period at least 2 months in advance. If working less than one year, the period shall be calculated proportionately. Once vacations begin, they cannot be interrupted unless permitted by the agreement.

Vacation Pay and Compensation

Financial compensation is only received when the worker leaves the company without having enjoyed their vacation (receiving a proportional share) or when workers are hired for periods of less than one year.

Work Schedule and Public Holidays

Every enterprise should prepare a work schedule of legal holidays for labor purposes. These are paid and non-recoverable, according to the Ministry of Labor and the provisions of the Autonomous Communities and municipalities. In no case shall these exceed 14 days annually.

Salary and Remuneration

Salary consists of the total economic perceptions of workers for providing labor services for others, including allowances for actual work and rest periods counted as work. Wages in kind may not exceed 30%. The salary structure includes the base salary (by unit of time or work) and salary supplements. The employer is obligated to pay the same amount for the same service without regard to sex.

Minimum Interprofessional Wage (SMI)

The SMI is the minimum amount an employee can receive for 40 hours per week. The Government sets the SMI annually (e.g., €633.30) in consultation with trade unions and representative companies. This salary may be increased with supplements. It is unattachable and can only be garnished for amounts that exceed the limit (in case of debts), except for court-ordered alimony or public pension payments.

Public Multiple Effects Income Indicator (IPREM)

The IPREM is the indicator for access to certain benefits, public benefits, or services, and for calculating their amounts. It is compulsory in state standards and falls under the authority of autonomous communities and local wage entities.

Wage Guarantees

If the employer cannot meet financial obligations, the wages of workers have priority over other debts. This is secured by the fact that the amount owed for the past 30 days has preference over any other credit.

Wage Guarantee Fund (FOGASA)

FOGASA is an organism attached to the Ministry of Labor aimed at ensuring workers receive wages and severance or termination benefits. Its coverage includes:

• Wages: In cases of insolvency, bankruptcy, or liquidation (calculated as 3 x SMI x days remaining, up to a maximum of 150 days).
• Awards: Redundancy or termination of the contract.