Spanish Employment Law: Core Principles and Procedures

Key Employment Classifications

Character of Employment Relationships

In the context of employment, individuals can be classified as: staff, volunteers, or those in paid employment. Earnings and dependency are key factors in these classifications.

Applicable Legal Norms

• European Community (EC) Law
• Organic Laws (LO)
• Royal Legislative Decrees (RDLegis)
• Royal Decree-Laws (RDLaw)
• Royal Decrees (RD)
• Ministerial Orders (OM)

Employment Relationship Criteria

Certain criteria determine the inclusion or exclusion of specific work arrangements. For instance, whether private work is performed for the state dictates its classification.

• Special Character Relationships: Categories 'a' and 'c' often denote relationships with a special character.
• Excluding Relationships: Category 'b' typically refers to relationships that are excluded from standard employment regulations.

Worker Obligations and Employer Authority

Workers are obligated to fulfill their job duties and adhere to all health and safety measures implemented by the company. The employment contract does not exempt employees from complying with the employer's orders and instructions; rather, the employee is subject to the company's management and organizational authority.

Labor Justice System

Key Social Courts

• Social Courts (Juzgados de lo Social)
• Social Chamber of the Supreme Court (Sala de lo Social del Tribunal Supremo)
• Social Chamber of the Superior Court of Justice of the Autonomous Region (Sala de lo Social del Tribunal Superior de Justicia de la Comunidad Autónoma)
• National High Court (Audiencia Nacional)
• Social Chamber of the Superior Court in an action of supplication (Sala de lo Social del Tribunal Superior de Justicia en recurso de suplicación)

Labor Dispute Resolution Process

Individuals can initiate a labor dispute by requesting conciliation at the SMAC (Servicio de Mediación, Arbitraje y Conciliación). If the conciliation is unsuccessful or the court does not rule in their favor, an appeal can be lodged with the Social Chamber of the Superior Court of Justice of the Autonomous Community, and subsequently, with the Supreme Court.

Essential Elements of an Employment Contract

• Consent: Requires the concurrence of wills between the parties, ensuring no invalidating factors are present.
• Object: Refers to the specific tasks, such as those for a foreman, as defined by the collective bargaining agreement (convenio).
• Cause: Involves performing work in exchange for an agreed remuneration (e.g., 1190 €).

Employment of Minors and Probationary Periods

Minors can be employed with signed parental consent. A probationary period, typically up to two months, grants the employee the same rights as any other worker. During this period, the contract can be terminated at any time without compensation.

Replacement Contracts and Worker Rights

Rules for Replacement Contracts

A company cannot establish a replacement contract in anticipation of retirement if the employee is not yet 64 years old. The working day can be reduced by up to 85%. While a full working day can be resumed, the replacement must cover at least the relieved time. The work must be replaced by an employee performing the same duties, and this replacement must occur within 15 days.

Rights in Replacement Scenarios

In such scenarios, the employee retains the same rights as other workers. Furthermore, they are entitled to compensation of 8 days per year worked.

Common Employment Contract Types

• Contract for a Specific Work or Service
• Part-time Contract
• Temporary Contract for a Fixed Term
• Indefinite Contract
• Contract for the Promotion of Indefinite Employment
• Training Contract
• Internship Contract
• Temporary Replacement Contract
• Temporary Contract due to Production Circumstances