3. Employment Law

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Questions and Answers

What is the term for dismissal that is performed without any valid reason?

Despedido justo

Despregnancy dismissal

Despido improcedente (correct)

Despedido por causas objetivas

Which type of dismissal occurs when an employee is let go due to a workforce adjustment plan?

Despedido nulo

Despido colectivo (correct)

Despidido justo

Despedido por causas objetivas

In the case of a dismissal deemed void, what may a judge order?

Immediate payment of penalties

Mandatory job retraining

Transfer to a different department

Reinstatement of the employee with backpay (correct)

Which representative acts on behalf of employees in discussions with management?

Union representative Signup and view all the answers

Which dismissal type specifically violates fundamental rights or is based on discrimination?

Despedido nulo Signup and view all the answers

What is the maximum standard work week currently set at in the UK?

40 hours Signup and view all the answers

Which of the following refers to working additional hours beyond the employment contract?

Overtime Signup and view all the answers

Which type of leave allows an employee to take time off due to illness?

Medical leave Signup and view all the answers

What is the term used for the compensation you receive after taxes and social security deductions?

Net wages Signup and view all the answers

Which of the following accurately describes a fixed-term contract worker?

A worker hired for a specific period Signup and view all the answers

Which leave is specifically designated for taking time off after the death of a family member?

Bereavement leave Signup and view all the answers

What is commonly referred to as 'annual leave' in slang terms?

Paid holidays Signup and view all the answers

Which type of leave can be both paid and unpaid?

Leave of absence Signup and view all the answers

What is the purpose of a payslip?

To give an itemised description of wages Signup and view all the answers

Which of the following is not considered a supplement or allowance to salary?

Back pay Signup and view all the answers

What does 'finiquito' refer to in the context of employment?

The final payslip handed to the employee Signup and view all the answers

What is an advance in the context of salary payments?

A request for some money upfront from the next payment Signup and view all the answers

What is the common term for compensation paid to an employee upon termination?

Severance pay Signup and view all the answers

Which of the following is a method of terminating an employment contract?

Voluntary notice Signup and view all the answers

What does tax withholdings pertain to in payroll?

Amounts deducted for personal income tax Signup and view all the answers

What does the term 'deferred pay' refer to?

Payments that are delayed to a future date Signup and view all the answers

What does an employment contract typically regulate?

The engagement between the employer and employee Signup and view all the answers

Which right is NOT included under the basic rights of workers?

Right to an extended lunch break Signup and view all the answers

Which term is used to describe the time you work in a particular day?

Shift Signup and view all the answers

What is the term for the right to form and join unions?

Union freedom Signup and view all the answers

Which of the following describes individuals who work in a workplace while still learning?

Interns Signup and view all the answers

What does seniority in a company provide an employee?

Opportunities for advancement or promotions Signup and view all the answers

In what form can employees work at a company?

In both full-time and part-time roles Signup and view all the answers

Which of these is NOT a type of labor relation mentioned?

Freelancers Signup and view all the answers

What is a strike defined as?

A partial or complete concerted refusal to work. Signup and view all the answers

Which of the following is NOT a type of strike mentioned?

Solidarity strike Signup and view all the answers

What is the primary purpose of a grievances procedure?

To resolve individual workplace conflicts. Signup and view all the answers

What does the term 'lockout' refer to?

A temporary closing of a workplace initiated by the employer. Signup and view all the answers

Which of the following is a responsibility of employers regarding workplace safety?

To provide a safe system of work. Signup and view all the answers

What can employees claim if their employer fails to take reasonable care for their health and safety?

Constructive unfair dismissal. Signup and view all the answers

In Spain, what often occurs after cases of dismissal?

Conciliation or settlement proceedings. Signup and view all the answers

What does the term 'Esquirol' refer to in labor disputes?

A strikebreaker or scab. Signup and view all the answers

Study Notes

Employment Law (Derecho Laboral)

Employment law defines the relationship between employers and employees.
Job application involves a CV/resume, cover letter, and interviews.
An employment contract outlines terms of employment, duration, working hours, duties, responsibilities, salary, and probation/trial period.
There might be non-compete clauses or minimum commitment agreements.
Seniority (antigüedad) and opportunities for advancement or promotions (ascensos) increase with time spent with a company.

Basic Rights of Workers

Workers have rights, as detailed in the Spanish Workers' Statute (Estatuto de los Trabajadores).
The right to work and to choose one's profession/trade is guaranteed.
Workers have freedom to unionize (libertad sindical).
Collective bargaining (negociación colectiva) rights are also secured.
Workers have the right to form unions and to strike (derecho de huelga).
Freedom of assembly is also ensured (derecho de reunión).
Workers have rights to workplace promotion and professional training.
Discrimination based on factors like gender, marital status, age, social class, religious or political beliefs is prohibited.

Employment Law Key Terms

The core of employment law involves the relationship between employers and employees (la persona trabajadora and empleador).
A "shift" (jornada) is the time spent working on a particular day.
"Workforce" (plantilla) refers to all the staff within a workplace.
Terms like unemployed (desempleado), laid off (despedido), and retired (jubilado) describe employment situations.
Employment may be full-time (a tiempo completo) or part-time (a tiempo parcial).
Trainees or apprentices (trabajador en formación), interns (trabajador en prácticas) and employees (trabajadores por cuenta ajena) are different types of workers.

Conditions of Employment: Workday and Working Hours

Standard work week is typically 40 hours.
Overtime (horas extraordinarias) is additional work beyond the standard hours and is usually compensated.
There's a distinction between paid overtime and compensatory time for overtime worked.
Employees clock in and out (fichar).
A weekly rest period (descanso semanal) is standard.
Employees are entitled to holidays (vacaciones anuales).

Conditions of Employment: Leaves of Absence

Time off work may include sick leave (baja por enfermedad), personal days, bereavement leave, parental leave (maternity/paternity), and medical leave.
Leave of absence can be either paid or unpaid.

Conditions of Employment: Salary and Wages

Wages (salario) compensate for work done.
Gross pay (salario bruto) is the total earnings, and net pay (salario neto) is after deductions.
Minimum wage (SMI) varies by country.
Employee wages should be tracked in a payslip (nómina).
Payslips show detailed compensation
There are different ways to advance or increase wages such as overtime, shifts, and hazardous work pay.
Travel expenses may be covered by per diem allowances (dietas).

Termination of Employment Contracts

Dismissal (despido) of an employee can occur for various reasons (causes resolutorias).
An employer may terminate an employee for cause (despido procedente).
An employee may be dismissed without cause (despido improcedente).
If a contract is not upheld then the employer is in breach and has to compensate the employee.
A fair dismissal is typically when the contract was not followed or when certain rules were broken.
Unfair dismissal covers when statutory rights or basic human rights are breached.

Termination of Employment Contracts: Procedures and Legal Concepts

Dismissal proceedings address the legality of a dismissal.
A dismissal can be fair or unfair.
Unfair dismissal is when the dismissal violates statutory rights.
A void dismissal (despido nulo) would be due to discrimination or fundamental law violations and could lead to reinstatement and back pay for the employee.

Labour Disputes

Disputes can arise during employment and are resolved through different channels.
Employee representation like employee representative/ workers' representative and the Works Council (Comité de empresa or intercentros) are ways workers can have a voice.
Unions (Sindicato), and union membership (afiliación sindical)
A strike (huelga) is a collective refusal to work or partial stoppage.
Key terms for strikes are also noted, including strikebreaker (esquirol), and strikebreaking (esquirolaje).
Grievance procedures are established for resolving disputes.
Mandatory or voluntary arbitration may be used to settle disputes.
Conciliation (conciliación) or other settlement procedures can follow dismissals.

Occupation health and safety

Employers have a duty of care to maintain a safe working environment and comply with occupational health and safety laws (Seguridad y salud en el trabajo).
Employers must ensure a safe workplace, provide a safe system of work, appropriate equipment, and competent staff.
Employees must work with employers to maintain safe work environments and promptly report unsafe conditions or procedures.
Obligations for employers are to notify employees of risks (ex: slips, trips, fire hazards, exposure to chemicals).
Proper documentation will be created by all employers.

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Description

This quiz covers the essential aspects of employment law, including employer-employee relationships, job application processes, and contractual agreements. Additionally, it explores workers' rights as outlined in the Spanish Workers' Statute, including unionization and collective bargaining principles.