Understanding Employment Relationships: Rights, Duties, and Labor Law

Item 1: Employment Relationship

Conditions of Employment:

• Personal: Work carried out by the individual.
• Volunteer: Work done voluntarily.
• Employed: Work done under the employer's direction.
• Employment: Workers get paid for their work.
• Dependent: Subject to the employer's rules and obligations.

Failure to meet one of these conditions means it is not an employment relationship.

Relationships Not Considered Employment:

• Public officials (working for the state or autonomous region).
• Mandatory personal benefits.
• Work done out of friendship (helping a neighbor with a move).
• Family work (working with your father without receiving remuneration).
• Self-employment.
• Commercial agents.

Special Industrial Relations:

• Household services, athletes, entertainers, individuals with disabilities, dockworkers.

Labor Law:

• Public: Rules governing everyone.
• Private: Rules governing the private sector (between two parties).

Written Legal Rules:

• Laws:
  • The Constitution: The supreme law.
  • Organic Laws: Laws relating to fundamental rights and public freedoms.
  • Ordinary Laws: Matters not regulated by Organic Laws.
• Status of Law Rules:
  • Royal Legislative Decrees: Rules issued by the executive branch with parliamentary delegation.
  • Royal Decrees: Issued by the executive branch.
  • Agreements adopted by the Council of Ministers.
• Regulations:
  • Orders of the government delegate committees: Rules involving several ministries.
  • Ministerial Orders: Rules adopted by individual ministries.
  • Resolutions: Rules adopted and published.

Hierarchy of Legal Norms:

• Constitution
• Organic Laws
• Ordinary Laws
• Executive:
  • Royal Decree
  • Royal Decrees
  • Commission Orders
  • Ministerial Orders

The Labor Law:

A set of legal rules governing individual and collective relationships that develop in the workplace.

Rights and Duties of the Employee:

• Basic Rights:
  • Freedom of association
  • Collective bargaining
  • Right to strike
  • Right to assembly
  • Participation in the company
  • Holding office
• Rights of the Employment Relationship:
  • Equal and non-discriminatory treatment
  • Physical integrity
  • Respect for privacy
  • Rest and timely payment of wages
• Duties:
  • Good faith and diligence
  • Comply with hygiene measures
  • Comply with orders and instructions
  • Do not engage in unfair competition
  • Contribute to the best production
  • Comply with the agreed contract

Duties and Obligations of the Employer:

• Regular management power
• Power of steering variandi (extraordinary or ius - right to vary)
• Disciplinary power
• Limits to disciplinary power

Responsibilities:

• Respect the rights of workers
• Adhere to labor standards in all aspects

Item 2: Working Conditions

• Professional Category: Collective or enterprise engaged in some activity.
• Professional Group: Created by agreement.
• Levels Paid: Divided into a professional group for the purposes of remuneration.

Maximum duration of the workday: 40 hours

• Maximum of 9 hours of work per day.
• Rest at least 12 hours between workdays.
• Minimum weekly rest time should be 1 ½ days.
• The daily limit may be exceeded provided that the minimum rest is provided.

Special Days:

• Shorter workday:
  • Legal guardianship of children, persons with disabilities, and caregiving.
  • Lactation
  • Premature Birth
  • Victim of gender violence.

Work Schedule:

Night Work: 10:00 p.m. to 6:00 a.m.

• Must be 18 years of age or older.
• Cannot do overtime and cannot exceed eight hours daily on average over 15 days.

Shift Worker:

• Will have a specific fee.
• No worker will work more than 2 consecutive weeks on the same shift.

Overtime:

Voluntary: Cannot be forced to comply; limited to 80 hours per year. Paid into the general scheme. Minors cannot do overtime.

Mandatory:

• Agreed by the Convention:
  • Are the same as the voluntary.
• Force Majeure:
  • They do not count as a general scheme.

Breaks and Leave:

Annual leave: 30 calendar days per year as set by convention.

Public holidays: 14 days per year

• Two local festivals
• The calendar of annual festivals of the government
• National holiday: Christmas, New Year, May 1, October 12

Paid Leave:

• 15 calendar days for marriage
• Two days for the birth of a child or death, accident, etc. (Up to 4 days)
• Day for emigration.