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?

    <p>Union representative (A)</p> Signup and view all the answers

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

    <p>Despedido nulo (B)</p> Signup and view all the answers

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

    <p>40 hours (C)</p> Signup and view all the answers

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

    <p>Overtime (B)</p> Signup and view all the answers

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

    <p>Medical leave (B)</p> Signup and view all the answers

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

    <p>Net wages (A), Take-home pay (D)</p> Signup and view all the answers

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

    <p>A worker hired for a specific period (C)</p> Signup and view all the answers

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

    <p>Bereavement leave (C)</p> Signup and view all the answers

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

    <p>Paid holidays (C)</p> Signup and view all the answers

    Which type of leave can be both paid and unpaid?

    <p>Leave of absence (A)</p> Signup and view all the answers

    What is the purpose of a payslip?

    <p>To give an itemised description of wages (C)</p> Signup and view all the answers

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

    <p>Back pay (C)</p> Signup and view all the answers

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

    <p>The final payslip handed to the employee (D)</p> Signup and view all the answers

    What is an advance in the context of salary payments?

    <p>A request for some money upfront from the next payment (A)</p> Signup and view all the answers

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

    <p>Severance pay (D)</p> Signup and view all the answers

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

    <p>Voluntary notice (A)</p> Signup and view all the answers

    What does tax withholdings pertain to in payroll?

    <p>Amounts deducted for personal income tax (C)</p> Signup and view all the answers

    What does the term 'deferred pay' refer to?

    <p>Payments that are delayed to a future date (C)</p> Signup and view all the answers

    What does an employment contract typically regulate?

    <p>The engagement between the employer and employee (B)</p> Signup and view all the answers

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

    <p>Right to an extended lunch break (D)</p> Signup and view all the answers

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

    <p>Shift (B)</p> Signup and view all the answers

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

    <p>Union freedom (B)</p> Signup and view all the answers

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

    <p>Interns (A)</p> Signup and view all the answers

    What does seniority in a company provide an employee?

    <p>Opportunities for advancement or promotions (C)</p> Signup and view all the answers

    In what form can employees work at a company?

    <p>In both full-time and part-time roles (B)</p> Signup and view all the answers

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

    <p>Freelancers (C)</p> Signup and view all the answers

    What is a strike defined as?

    <p>A partial or complete concerted refusal to work. (D)</p> Signup and view all the answers

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

    <p>Solidarity strike (B)</p> Signup and view all the answers

    What is the primary purpose of a grievances procedure?

    <p>To resolve individual workplace conflicts. (A)</p> Signup and view all the answers

    What does the term 'lockout' refer to?

    <p>A temporary closing of a workplace initiated by the employer. (C)</p> Signup and view all the answers

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

    <p>To provide a safe system of work. (D)</p> Signup and view all the answers

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

    <p>Constructive unfair dismissal. (D)</p> Signup and view all the answers

    In Spain, what often occurs after cases of dismissal?

    <p>Conciliation or settlement proceedings. (A)</p> Signup and view all the answers

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

    <p>A strikebreaker or scab. (A)</p> Signup and view all the answers

    Flashcards

    CV/Resume

    A document summarizing your skills and experience that you submit when applying for a job.

    Cover Letter

    A letter you write to explain why you are a good fit for a job and why you're interested in the position.

    Hiring Manager

    The person responsible for hiring new employees at a company.

    Job Offer

    An offer of employment from a company, outlining the terms of the job.

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    Employment Contract

    The legal document that outlines the terms of employment between an employee and employer.

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    Probationary/Trial Period

    A period of time at the start of employment where the employer can evaluate the employee's performance.

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    Shift

    The amount of time you spend working on a given day.

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    Workforce

    The total number of employees working at a company.

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    Standard Work Week

    The maximum number of hours someone can work in a week, typically 40 hours in the UK. This is under review and may change.

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    Overtime

    Working extra hours beyond your regular work schedule.

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    Break

    A designated period of rest during the workday. It can be a short break to eat, rest, or socialize.

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    Clocking In and Out

    The official record of when you start and end your workday, often using a timekeeping device or system.

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    Minimum Wage

    The legal minimum amount of money an employer must pay workers for a standard working week.

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    Gross Earnings

    The total sum of money earned before taxes and deductions are taken out.

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    Net Wages

    The amount of money you receive after all taxes and deductions are taken out.

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    Leave of Absence

    A period of time when an employee is allowed to be away from work for a specific purpose, such as illness, family leave, or personal reasons.

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    Advance (pedir un anticipo)

    Money paid upfront from an upcoming paycheck.

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    Supplements/Allowances (complementos, pluses)

    Additional payments added to your base salary.

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    Back Pay (Salarios atrasados)

    Money paid to employees for work already done but not yet paid for, such as back wages.

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    Payment in kind (Pago en especie)

    Payment made in goods or services instead of money.

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    Tax withholdings (Retenciones)

    Money withheld from your salary for taxes, social security contributions, etc.

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    On-call allowance (de disponibilidad)

    Payments made for working on-call or being available outside of regular hours.

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    Severance pay (indemnización por despido)

    Compensation paid to an employee upon termination of their employment contract.

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    Notice period (preaviso de baja voluntaria)

    The period of time an employee is required to work after giving notice of their resignation.

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    Void Dismissal (Spanish: Despido Nulo)

    A dismissal that is considered illegal under Spanish law, often due to discrimination or violations of fundamental rights.

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    Dismissal for Cause (Spanish: Despido Procedente)

    A dismissal that is considered justified under Spanish law, meaning the employer had valid reasons to fire the employee.

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    Dismissal Without Cause (Spanish:Despido Improcedente)

    Dismissal that is considered unjustified under Spanish law, meaning the employer did not have valid reasons to fire the employee.

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    Employee Representative (Spanish: Delegado de Personal)

    An employee representative elected by workers to represent them in workplace matters.

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    Dismissal Proceedings (Spanish: Procedimientos de Despido)

    A legal process involved when an employer dismisses an employee, including any legal procedures or appeals.

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    Right to Unionize

    The right of workers to form and join unions. This includes freedom to choose union representatives, participate in union activities, and bargain collectively.

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    Strike

    A coordinated refusal to work by employees, often used to pressure employers to meet demands.

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    Sit-down Strike

    A type of strike where employees stop working but remain at their workstations.

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    General Strike

    A strike involving a large number of workers in various industries, often affecting the entire economy.

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    Unlawful Strike

    A strike deemed illegal by law, often due to violation of legal procedures or other regulations.

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    Strikebreaker

    People who cross picket lines and continue working during a strike.

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    Grievance Procedure

    A process used to resolve individual workplace conflicts, often involving steps like discussions, mediation, and formal complaints.

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    Arbitration

    A process where a neutral third party makes a binding decision to settle a dispute.

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    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.
    • 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.

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