Introduction to Labour Law

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Questions and Answers

If an employee is dismissed due to force majeure, what is the minimum notice period required?

30 days

No notice (correct)

15 days

10 days

Which type of dismissal does not have a mandatory notice period?

Dismissal for force majeure

Objective dismissal

Collective dismissal

Disciplinary dismissal (correct)

An employee works 20 hours a week. A full-time employee in the same position works 40 hours a week, according to the Collective Bargaining Agreement (CBA). What type of contract is the employee on?

Temporary contract

Full-time contract

Part-time contract (correct)

Training contract

According to Law 10/2021, what minimum percentage of the working day must be performed remotely within a 3 month reference period, to be considered regular remote work?

30% Signup and view all the answers

Which of the following is NOT a mandatory minimum required content of a remote working agreement?

Salary and bonuses Signup and view all the answers

Which scenario would indicate a temporary contract for the substitution of an employee?

Hiring an employee to cover the vacation of a permanent worker. Signup and view all the answers

What is true about an employment contract that has agreed to provide less hours than a full time worker?

It can be an indefinite or a fixed-term contract when legally permitted. Signup and view all the answers

What is the primary purpose of regulations governing working days?

To safeguard the health of workers and ensure fair compensation. Signup and view all the answers

Which of the following statements is TRUE regarding the maximum ordinary working day?

It is an average of 40 hours per week calculated over a year, excluding overtime. Signup and view all the answers

What is the maximum daily working time for employees under 18 years of age?

8 hours. Signup and view all the answers

If a worker is over 18 and works a continuous shift exceeding 6 hours, what is the minimum rest period they are entitled to?

15 minutes. Signup and view all the answers

Under what condition can the regular Sunday rest day be changed to another day?

By agreement according to the collective contract. Signup and view all the answers

Which of the following is NOT a restriction placed on workers under the age of 18?

They cannot work reduced hours. Signup and view all the answers

Which statement is true regarding what is considered 'effective working time'?

Effective working time must be paid and does not have to be recovered if not productive. Signup and view all the answers

Which of the following categories of workers are prohibited from night work?

Pregnant women, and workers training with alternating contracts. Signup and view all the answers

What is the cumulative weekly rest period workers are entitled to?

1 and 1/2 days in a period of 14 days. Signup and view all the answers

Which of the following best describes the concept of 'salary as a privileged credit'?

Salaries are given priority over other debts, and the employer can seize business assets if unable to pay. Signup and view all the answers

What is the role of the Wage Guarantee Fund (FOGASA)?

To guarantee workers receive their wages when their employer cannot pay. Signup and view all the answers

Which of the following is NOT considered a basic principle of salary management?

Hierarchical pay, ensuring higher salaries based on job position. Signup and view all the answers

Indirect remuneration is best described as:

Services or benefits not directly paid to the worker, e.g., company car, health insurance. Signup and view all the answers

Based on the provided content, what is 'non-financial remuneration'?

Satisfaction derived from the job itself. Signup and view all the answers

Which of the following is NOT a type of remuneration system mentioned in the text?

Cost of living based systems Signup and view all the answers

When establishing pay ranges, what is the FIRST step?

Determining internal equity through job evaluation. Signup and view all the answers

What is 'functional mobility' in the context of employment?

The ability of an employer to assign different tasks to an employee, regardless of their original role. Signup and view all the answers

What determines to which professional group a worker is assigned?

Their profession or specialization. Signup and view all the answers

Which of the following is true about an employee within a professional group?

Workers may have different tasks, roles, and responsibilities based on their specific assignment within the group. Signup and view all the answers

What is the maximum duration of a leave of absence for a victim of gender violence?

9 months Signup and view all the answers

Under what circumstance can an employee request a leave of absence due to public office appointment?

If the employee is appointed to a constitutional position Signup and view all the answers

Which of the following is a requirement for an employee seeking voluntary leave of absence?

A minimum of 1 year seniority in the company Signup and view all the answers

What must an employee do to request a leave of absence?

Provide reasons in writing to the company Signup and view all the answers

What is a condition that allows an employee to take leave for an inexcusable duty?

The employee must be incapacitated for more than 20% of work hours for at least 3 months Signup and view all the answers

What must be avoided in the causes for job suspension in a contract?

Waivers of fundamental rights Signup and view all the answers

What is the maximum duration of temporary incapacity before a medical tribunal must assess the situation?

365 days Signup and view all the answers

Which situation qualifies for temporary incapacity under health reasons?

Temporary incapacity from an accident Signup and view all the answers

How long is the maternity and paternity leave currently set after the 2019 reform?

16 weeks each Signup and view all the answers

Which of the following is NOT eligible for maternity or paternity leave?

Transnational employment Signup and view all the answers

What constitutes a total temporary incapacity?

Inability to perform usual profession Signup and view all the answers

What is the role of the medical tribunal after the maximum duration of temporary incapacity?

To assess whether the worker can continue recovery or needs permanent discharge Signup and view all the answers

Which of the following conditions could justify temporary incapacity for a woman?

Severe menstrual symptoms Signup and view all the answers

Who is eligible for maternity leave according to the most recent reforms?

Pregnant transgender individuals as well as biological mothers Signup and view all the answers

What is the distinguishing feature of an absolute termination of temporary incapacity?

Inability to perform any work Signup and view all the answers

Study Notes

Labour Law Introduction

Law is a set of rules for coexistence
Public law governs state-individual relations (administrative, procedural, criminal, taxation)
Private law governs individual-individual relations (civil, commercial, international)
Labour law is a set of social relationships arising from service for others
It applies when:
- The service is voluntary
- The service is paid
- It is a dependent relationship (under organisation, management)
- The service is rendered on behalf of another
- The service is based on personal qualifications

Labour Law Branches

Trade union law: Trade unions negotiate with the government on workers' rights via collective bargaining agreements (CBAs)

Scope of Labour Law Throughout History

Ancient times: Manual labour, worker = slave, only duties imposed by master, no rights, no salary
Roman empire: Difference between labour (hard work) and work (creative), contracts between employer and free men (locatio conductio operis/operarum)
Middle Ages: Workers were slaves, freemen, or serfs, feudalism (protection and land in exchange for a % of harvest)
Pre-capitalism: Building of cities, artisanal trades, self-employed, guilds (protected members, set working conditions—compulsory membership)
Capitalism (Industrial Revolution): Growth of factories, emigration from countryside to cities, political/economic liberalism, exploitation of workers, social unrest, need for social peace

Factors Determining Genesis of Labour Law

Sociological factor: Changes in work organization and working population (workers/capital owners).
Legal factor: Liberal individualistic law and its dysfunction (freedom of contract/unionism prohibition).
Social factor: Labour movement (workers' collective actions/associations).

State Intervention in Labour Relations

Birth of labour laws: limitation of working hours and breaks
Interest of public authorities, employers, workers
Judicial power/jurisdiction: power to resolve any conflict, Labour and social jurisdiction (misdeals, non-payments, fines, breach of contracts)
Social Labour courts -Superior Court of Justice (CCAA) (resolves court appeals of social labour courts) -Social Chamber of Supreme Court (AN) (resolves collective disputes)

Sources of Labour Law

Generic and specific rules: Shared with other legal systems (e.g., law, custom). Unique to labour system via CBA or employment contract
General rules and sector rules: Worker's statute sets minimum conditions in employment contracts to avoid worsening conditions.
National and international rules:
- National: Spanish Constitution, statutes, collective agreements, employment contract customs, general principles of law
- International: Regulations and directives (EU); Conventions and recommendations (ILO); international treaties; international jurisprudence.

Spanish Constitution

Principles of the legal system (social and democratic rule of law; freedom, equality, justice)
Recognition of trade unions and employers' associations as representatives of collective interests.
Fundamental rights
- Labour rights
- Rights of citizenship
- Social and economic policy principles
- International treaties
- The international labour organization (ILO)
- International/ multilateral agreements
- European Union legislation (e.g., EU laws)

Employment Contract

Elements: Voluntarily undertaken services, subordination/dependency relationship, on behalf of others, worker remuneration.
Standard: Governed by labour laws and CBA.
Onerous: Exchange of interests between employer and employee (salary, profit).
Consensual: Both parties give consent.
Probation Period: Agreed time frame for termination without prior notice or compensation (max durations vary).

Employment Contract Types

Training contracts: For practice in alternating positions.
Temporary contracts: Due to production circumstances (substituting other workers).
Indefinite contracts: No specific time limit
Part-time contracts: Working hours are less than a standard full-time employee
Distance work (telework): Working remotely within a 3-month period.

Labour Legislation

Mandatory periods of notice for termination.
Collective Dismissal: affects groups of workers
Objective Dismissal: For reasons of economic, technical, or organizational nature.
Disciplinary Dismissal: For workers' misconduct.
Force Majeure: For extraordinary conditions beyond worker/employer control.

Working Day, Hours, Holidays, Overtime, and Salaries

Essential conditions of the employment relationship define the work performance.
Limits work to a number of hours under CBA (40hours per week or according to the contract).
Overtime pay applies for work exceeding contracted hours.
Vacation time and holidays are specified in contracts and CBAs.
Salary is the total compensation for services rendered (in cash or in kind).
Minimum wage* set by government periodically

Functional Mobility

It's the employer's ability to assign different tasks to an employee.
Horizontal movement: Within the same professional group (no reason needed)
Vertical movement: To another job classification/ professional group (reason must be given)
Geographic mobility: Change the location of a worker's workplace.

Company Succession

The transfer of an organisation and ownership, e.g., a new employer takes over the obligations/relationships associated with a previous employer.
By Inter Vivos: Change of ownership during the previous owner's lifetime (e.g., sale, mergers).
By Mortis Causa: Change after the previous owner's death (e.g., inherited).
Required elements
- Subjective element: Substitution of the company's proprietor (physical or legal).
- Objective element: Transfer of all the essential aspects of the company (employees, assets, obligations).

Workers' Representatives and Information Duties

Guarantees of worker representation: Worker's rights to be informed and consulted.
Labour authorities: Labor authorities have to be informed of the results of the consultation for the period if the consultation.

Liability

Joint liability for salaries and other obligations/responsibilities following the succession of companies (the old AND the new).

Alternative Dispute Resolution (ADR)

Alternative to traditional lawsuits
Negotiation, conciliation, and mediation techniques.
Various methods to resolve disputes.

Means of Labour Pressure

Strike: Disruption of work to put pressure on the company
Lockout: Closure of the company by the employer

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Description

This quiz provides an overview of Labour Law, covering the fundamental principles governing the relationship between workers and employers. Explore the branches of Labour Law, such as trade union law, and learn about its historical development from ancient times to the modern era.