Workers' Rights, Duties, Contracts, and Wages in Spain

Workers' Rights and Duties

Rights

Workers' rights are listed in the Workers' Statute and include:

• Weekly Rest: At least one and a half days.
• Annual Holiday: Minimum of 30 days of paid leave. This cannot be replaced by financial compensation, except when termination of employment hinders its enjoyment.
• Non-discrimination

Duties

• Fulfill the requirements of the job.
• Comply with hygiene and safety measures.
• Contribute to improving productivity.
• Respect the employer's authority.

Employment Contracts and Collective Agreements

Labor relations are governed by common sources (the Constitution contains laws applicable to the workplace) and exclusive sources (contracts and collective agreements). Collective agreements are freely negotiated in writing between representatives of workers and employers. They regulate working conditions and the standard of living at the workplace, outlining rights and duties. These agreements set the minimum standards that must be respected in contracts and are legally binding for both the worker and the company.

The employment contract is an agreement between the company and the worker, whereby the employee agrees to provide paid services to the company, acting under its direction. According to the Workers' Statute, a contract must specify, among other things, the trial period, duration, and salary components.

Types of Contracts

• Permanent: The employment relationship has no end date.
• Promotion of Employment: Aimed at providing employment to groups affected by unemployment or job instability.
• Fixed-Term: These have a set end date unless renewed.
• Training Contracts:
  • Allow untrained young people to learn a trade.
  • Enable those with training to apply their knowledge (internship contract).

Wages

Wages are the total economic compensation received by workers, in cash or in kind, for their professional services. In any case, wages in kind may not exceed 30% of the worker's total wages.

Wage-Related Concepts

• Minimum Wage: The minimum wage is fixed by the government as the basic pay for employed workers.
• Salary Composition:
  • Base Salary: Fixed remuneration per unit of time or work.
  • Salary Supplements: Based on factors like seniority, language proficiency, or religion, as agreed upon in contracts.
  • Extra Payments: Employees are entitled to at least two extra payments per year. If agreed upon by convention, these can be prorated monthly.
• FOGASA (Salary Guarantee Fund): A body under the Ministry intended to partially cover wages and severance pay for workers in cases of insolvency, suspension of payments, or bankruptcy.

Production and the Long Term

The distinction between the short term and the long term is established by considering the existence of fixed factors. In the long run, all factors are variable. The properties of production techniques are derived from returns to scale, which reflect the response of total output to a proportional increase in factors.

These returns can be:

• Increasing: When output increases at a greater proportion than the increase in factors.
• Decreasing: When output increases at a smaller proportion than the increase in factors.
• Constant: When output increases at the same proportion as the increase in factors.