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Questions and Answers
What is the maximum duration of a temporary fixed-term contract where the notice period is limited to 1 month, unless otherwise specified in the CBA?
What is the maximum duration of a temporary fixed-term contract where the notice period is limited to 1 month, unless otherwise specified in the CBA?
A company with 20 employees hires a new worker who is not a qualified technician. What is the maximum permissible duration of their contract?
A company with 20 employees hires a new worker who is not a qualified technician. What is the maximum permissible duration of their contract?
Under what circumstances is a disciplinary dismissal exempt from mandatory notice?
Under what circumstances is a disciplinary dismissal exempt from mandatory notice?
How does a part-time contract compare to a full-time contract as defined in Article 12 of the WS?
How does a part-time contract compare to a full-time contract as defined in Article 12 of the WS?
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Which type of contract does NOT have to provide a 15-day notice period for termination?
Which type of contract does NOT have to provide a 15-day notice period for termination?
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According to Law 10/2021, what is the minimum percentage of a working day that must be performed remotely within a 3-month reference period for it to be considered regular remote work?
According to Law 10/2021, what is the minimum percentage of a working day that must be performed remotely within a 3-month reference period for it to be considered regular remote work?
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Which of the following is NOT a mandatory minimum requirement for a remote working agreement?
Which of the following is NOT a mandatory minimum requirement for a remote working agreement?
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A company needs to hire a temporary worker to cover a position while a selection process is underway. According to the provided information, what is the maximum duration for this type of temporary contract?
A company needs to hire a temporary worker to cover a position while a selection process is underway. According to the provided information, what is the maximum duration for this type of temporary contract?
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Which of the following is a necessary condition for an employee entering into a hand-over contract?
Which of the following is a necessary condition for an employee entering into a hand-over contract?
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Based on the information provided, which statement is most accurate regarding indefinite contracts?
Based on the information provided, which statement is most accurate regarding indefinite contracts?
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What is a primary purpose of regulations governing working days?
What is a primary purpose of regulations governing working days?
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What is the maximum standard working day duration, calculated in average per week, according to working time regulations unless otherwise specified in a collective agreement?
What is the maximum standard working day duration, calculated in average per week, according to working time regulations unless otherwise specified in a collective agreement?
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An employee over 18 years old works ten consecutive hours every day. What is the minimum rest period the employee has a right to during the day?
An employee over 18 years old works ten consecutive hours every day. What is the minimum rest period the employee has a right to during the day?
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Which statement is TRUE regarding the employment of people under 18 years old?
Which statement is TRUE regarding the employment of people under 18 years old?
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An employee works a night shift, what is true about that employee?
An employee works a night shift, what is true about that employee?
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What is the rule about ‘effective’ and ‘non-effective’ working time, when it comes to recuperation?
What is the rule about ‘effective’ and ‘non-effective’ working time, when it comes to recuperation?
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Which statement is true about the weekly rest period?
Which statement is true about the weekly rest period?
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According to the provided content, under which circumstances can a permanent discontinuous contract be part-time?
According to the provided content, under which circumstances can a permanent discontinuous contract be part-time?
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If a part-time worker's contract does not specify the distribution and number of additional hours, what is the legal implication?
If a part-time worker's contract does not specify the distribution and number of additional hours, what is the legal implication?
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What is the general limit for additional hours a part-time worker can perform regarding a percentage of their ordinary working hours, according to the content?
What is the general limit for additional hours a part-time worker can perform regarding a percentage of their ordinary working hours, according to the content?
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What happens when a part-time worker exceeds the legally permitted limit for additional hours?
What happens when a part-time worker exceeds the legally permitted limit for additional hours?
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According to the principle of equality, which of the following is true for part-time workers?
According to the principle of equality, which of the following is true for part-time workers?
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In which aspects of employment is the principle of proportionality applied to part-time workers?
In which aspects of employment is the principle of proportionality applied to part-time workers?
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When a temporary contract is converted into an indefinite one by legal imposition, within how many days should the company provide the employee a supporting written document?
When a temporary contract is converted into an indefinite one by legal imposition, within how many days should the company provide the employee a supporting written document?
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What does the content say about the contributions to Social Security (SS) for part-time workers from October 1st, 2023?
What does the content say about the contributions to Social Security (SS) for part-time workers from October 1st, 2023?
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Flashcards
Notice in Employment Contracts
Notice in Employment Contracts
The time period an employer or employee must give the other party before terminating the employment contract, changing conditions, dismissing, or resigning.
Maximum Duration in Absence of CBA
Maximum Duration in Absence of CBA
The maximum duration of an employment contract in the absence of a Collective Bargaining Agreement (CBA).
Training Contract
Training Contract
A type of employment contract where a worker receives training while performing their job, leading to professional qualification.
Temporary Contract
Temporary Contract
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Full-Time Contract
Full-Time Contract
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Remote Working Agreement in Spain
Remote Working Agreement in Spain
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Temporary Contract Due to Production Circumstances
Temporary Contract Due to Production Circumstances
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Temporary Substitution Contract
Temporary Substitution Contract
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Training Contract in Spain
Training Contract in Spain
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Hand-over Contract in Spain
Hand-over Contract in Spain
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Equality Principle in Part-Time Work
Equality Principle in Part-Time Work
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Proportionality Principle in Part-Time Work
Proportionality Principle in Part-Time Work
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Additional Hours for Part-Time Workers
Additional Hours for Part-Time Workers
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Part-Time Vacation Entitlement
Part-Time Vacation Entitlement
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Split Working Day
Split Working Day
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Converting Temporary Contracts to Indefinite
Converting Temporary Contracts to Indefinite
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Payment for Additional Hours
Payment for Additional Hours
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Equal Opportunities for Part-Time Workers
Equal Opportunities for Part-Time Workers
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Working Time Limit
Working Time Limit
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Ordinary Working Day
Ordinary Working Day
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Breaks During Working Day
Breaks During Working Day
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Minimum Break Between Workdays
Minimum Break Between Workdays
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Weekly Rest
Weekly Rest
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Cumulative Weekly Rest
Cumulative Weekly Rest
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Night Time Work
Night Time Work
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Study Notes
Employment Contracts
- Workers voluntarily providing paid services for another (employer/entrepreneur) are covered.
- Employment contracts require fairness, rationality, and justifiability, considering circumstances.
- Key elements of an employment contract include: voluntary nature of the work, subordination/dependency of the employee, work done on behalf of another, and remuneration.
- If any element is missing, the contract isn't considered an employment contract.
- Employers are physical or legal persons receiving services, potentially through temporary employment agencies.
- Workers are subject of employment contracts, staff members, potentially union-affiliated and protected by the law.
Worker and Employer
- Workers and employers are relevant to labor law.
- Workers fall under employment contracts, are staff members, potentially union-affiliated, and are subject to legal protection.
- Employers are physical/legal entities that receive service provision.
Probation Period
- Probation periods are a specified time during which both employer and employee can end the contract without notice or compensation.
- Maximum duration is determined by law, collective agreements, or company-specific agreements.
Notice Periods in Employment Contracts
- Notice periods allow parties to the contract to inform the other party of events affecting the contract (termination, condition changes, etc.).
- This reduces potential damages and gives the other party time to react.
Dismissal
- Collective dismissal, objective dismissal, disciplinary dismissal, and dismissal due to force majeure are all types of termination and have various notice requirements.
Temporary Contracts
- Temporary contracts exist due to production circumstances, substitutions, or job availability.
- Specific time limits apply, and these contracts cannot be indefinite.
Training Contracts
- Contracts vary regarding additional hours, no overtime requirements, and no probationary periods.
- The employment period of training contracts are a minimum of 3 months, and a maximum of 2 years.
Internship Agreements
- Internship agreements don't necessarily constitute a labor relationship.
- Paid or unpaid, these agreements are legally structured under special conditions.
Hand-over Contracts
- Contracts tied to partial retirement, requiring a minimum of 6 years of work.
- Workers need to have contributed at least 33 years of continuous employment for a hand-over contract to be viable.
Indefinite Contracts
- Indefinite contracts have no time limit on service duration.
- Various types of indefinite contracts exist (e.g., family employment, disability, special employment centers, age limits, victim of gender violence).
Permanent Discontinuous Contracts
- Work is performed intermittently.
Permanent Construction Contracts
- These contracts are for construction-related work or services.
- The employer must provide new position or training for the worker when the initial job is completed.
Part-Time Contracts (Post 2022 Reform)
- Part-time contracts are those in which work is for a limited number of hours per day, week, or month, and less than a full-time job.
- A similar task or position is used to establish the comparison for minimum hours.
- Additional hours can be agreed upon, up to 30%.
Working Day
- Essential conditions of the labor relationship related to work performance hours include: remaining for a given work period, and being available during a set number of hours.
- The working day duration is determined by collective agreements or employment contracts that provide for a maximum of 40 hours per week/year.
Overtime
- Work exceeding the established working hours is considered overtime.
- Overtime classifications include voluntary, compulsory, those required for force majeure situations, those agreed upon in collective agreements, employment contracts, or individual contracts.
Working Hours, Holidays, Overtime, & Salary
- Laws regulate the parameters for establishing minimum working hours and/or overtime.
- These laws should specify conditions, compensation, and mandatory breaks or downtime, ensuring employee well-being.
Night Time Work
- Work between defined hours (22:00 to 06:00) is considered night-time work.
- Workers' rights and restrictions are regulated based on age and pregnancy.
Vacation Days
- Vacation durations are generally set collectively or individually, and cannot be less than thirty (30) days.
- The dates of vacation should be at least two months in advance.
- Vacation days are non-replacable and not compensated.
Public Holidays
- Public holidays are predetermined.
- These holidays are required to be paid and non-recoverable.
Salary
- Salary is the overall compensation a worker receives for services rendered, whether in cash or in-kind.
- It's regulated for various factors such as types of employment, and length of service. The law prohibits the salary component that is in kind from exceeding 30% of the total salary.
Minimum Interprofessional Wage
- Minimum interprofessional wages are annually set based on various economic factors such as consumer price index, productivity and economic environment.
- The amount of these wages should never decrease.
Salary Guarantees
- The minimum guaranteed salary is often legally protected as the "privileged" debt of the employer to the employee, in the case of business defaults or insolvency.
- The salary may not be seized by creditors unless explicitly permitted under certain circumstances.
Payroll Processing
- Rules and procedures to fairly distribute salaries amongst parties involved in the process are required.
- An equitable salary system is crucial to sustain business operations.
Remuneration Systems
- Various aspects of remuneration systems include direct and indirect components.
- Compensation varies based on job positions in accordance to expertise and performance.
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Description
Explore the fundamental concepts of employment contracts and the roles of workers and employers within labor law. Understand the key elements that constitute an employment contract, including the voluntary nature of work and legal protections for employees. This quiz will test your knowledge on fairness and rationality in employment agreements.