Labour Law Overview

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Questions and Answers

Which branch of law governs the relationship between individuals on equal terms?

Criminal Law

Administrative Law

Public Law

Private Law (correct)

According to the Worker's Statute, what element is NOT a required condition for a social relationship to be considered within the scope of Labour Law?

The service is personally rendered by the individual.

The service is provided for remuneration.

The service is provided voluntarily.

The service is provided under an equal footing relationship. (correct)

The principle of 'inalienability of rights' in labor law means that:

Workers can freely negotiate their rights with their employers.

Workers can transfer their rights to a third party.

Workers cannot give up their rights, regardless of agreement. (correct)

Workers' rights can be waived if it results in a mutual benefit.

In the Roman Empire, 'locatio conductio operarum' most closely resembles which modern concept?

A present-day employment contract. Signup and view all the answers

During the Roman Empire, how was 'labour' different from 'work', in a legal context?

Labour referred to a tiring activity, while work referred to creative activity. Signup and view all the answers

In ancient times, what characterized the relationship between a worker and their master?

Workers were only subjected to duties imposed by the master. Signup and view all the answers

In feudalism, a serf's obligations to the feudal lord did NOT include:

Having all rights over the serf. Signup and view all the answers

If an employee is dismissed due to a force majeure event, how much notice is legally required?

No notice is required Signup and view all the answers

Which type of dismissal does not legally require a mandatory notice period?

Disciplinary dismissal Signup and view all the answers

An employment contract is considered part-time if the employee works fewer hours than what?

A comparable full-time worker Signup and view all the answers

Which of the following must be included in a remote working agreement?

The means of exercising corporate control. Signup and view all the answers

What percentage of the working day must be performed remotely for it to be considered regular remote work, according to Law 10/2021?

30% within a 3-month period Signup and view all the answers

Which of these contracts can be indefinite or for a fixed period?

Part-time contracts Signup and view all the answers

What is the minimum required content of a remote working agreement?

The designated remote working place Signup and view all the answers

Which type of contract is NOT defined by it's duration?

Full-time contracts Signup and view all the answers

What is the primary purpose of norms regulating working days?

To protect the health of workers and establish a framework for fixed salary based on working time. Signup and view all the answers

What is a characteristic of all remote working agreements?

They are voluntary and reversible for both the employee and the company. Signup and view all the answers

Under what conditions, which relate solely to length of working day, does a worker over 18 years old, not require a minimum rest period?

When their workday is less than 6 hours of continuous work. Signup and view all the answers

In a company with 250 employees, what would be the minimum number of workers affected within a 90-day period for a dismissal to be legally classified as a collective dismissal?

10% of the workforce Signup and view all the answers

Which of the following best describes the limitations regarding overtime for workers under the age of 18?

They are not allowed to work any overtime. Signup and view all the answers

Which statement correctly describes how working hours are calculated for workers under 18 who are also training?

Time dedicated to training is included in their ordinary working hours, and includes time worked for each employer. Signup and view all the answers

Which of the following situations would NOT be classified as a valid reason for an objective dismissal based on ETOP (economic, technical, organizational, or production) reasons?

A worker repeatedly making the same error despite proper training. Signup and view all the answers

What does the term 'effective working time' imply in the context of collective agreements?

Time that is paid and does not have to be recovered. Signup and view all the answers

In a disciplinary dismissal, what is the maximum timeframe, after an offense occurs, that a company has to issue a dismissal notice for a very serious offense?

60 days Signup and view all the answers

How is the maximum daily working time of 9 hours typically modified?

It can be extended by collective agreement or company agreement. Signup and view all the answers

A company is performing an objective dismissal due to economic reasons and claims it is financially unable to provide the legally mandated compensation. What recourse does the dismissed employee have?

The employee can still legally claim the compensation and challenge this in court. Signup and view all the answers

Which of the following best describes the difference between an ERE and an ERTE?

An ERE is a dismissal, including compensation, while an ERTE is a temporary suspension with unemployment benefits. Signup and view all the answers

Which of the following is a correct description of the rules relating to weekly rest?

Weekly rest is a minimum period that can be extended, but not reduced, and is 1.5 days out of 14. Signup and view all the answers

Which of these factors makes an employee ineligible for night work?

Being a woman who is breastfeeding. Signup and view all the answers

What is a key restriction regarding night work for individuals who are eligible to work at night, according to the text?

They may not work overtime. Signup and view all the answers

Regarding breaks during the working day, how long should the minimum rest period be for workers under 18 if their working day is continuous and exceeds 4.5 hours?

30 minutes. Signup and view all the answers

According to the labor reform of 2022, which collective agreement takes precedence when a subcontracting company has its own agreement?

The sectorial collective agreement applicable to the activity carried out. Signup and view all the answers

What is the definition of suspension of an employment contract?

A temporary release from the basic obligations to work and pay, but the legal bond stays. Signup and view all the answers

Which of the following is a typical effect of a suspension of the employment relationship?

The employee is typically entitled to return to the job once suspension ends. Signup and view all the answers

Under what conditions is job reservation not guaranteed during a suspension of employment?

When the parties have agreed to terms in contract, that do not include this. Signup and view all the answers

What is the required duration for a consultation period with worker representatives when requesting a suspension of employment?

15 days. Signup and view all the answers

Which of the following actions is required of an employee prior to requesting an employment contract suspension?

No administrative authorization is required. Signup and view all the answers

According to the content, what is a key component of a suspension of employment agreement between an employer and worker?

It must be written or documented. Signup and view all the answers

During most suspensions of employment, what happens regarding seniority?

It continues to accumulate for the time of suspension. Signup and view all the answers

What will mainly determine the reinstatement conditions after an employment suspension due to an agreement between employer and employee?

The mutual agreement between both parties. Signup and view all the answers

In the context of labor reform, what is the primary factor for determining which sectorial agreement applies to a contractor?

The specific activity carried out in the principal company. Signup and view all the answers

Study Notes

Labour Law

Law is a set of rules for coexistence
Public law governs state-individual relations; includes administrative, procedural, and criminal law, and taxation.
Private law governs individual relationships; includes civil, commercial, and international law.
Trade union law (CBA) involves unions negotiating with the government for worker rights.

Scope of Labour Law

Workers statute Art 1: Defines a social relationship where someone provides services for another.
Applies to free will, paid services, dependent relationships (management by another), service on behalf of another, and personal qualifications.

Labour Through History

Ancient times: manual labor, worker = slave, only duties dictated by the master.
Roman Empire/Roman law: distinction between labor (hard work) and work (creative). Contracts between employers and free-men (e.g., specific-piece contracts).
Middle Ages: workers as slaves, freemen, serfs. Feudalism provided land & protection in exchange.

Pre-Capitalism

Building of cities and trades
Guild system: protected members, fixed working conditions, compulsory membership.

Capitalism

Industrial revolution caused factory growth and urban migration.
Political and economic liberalism: minimal state intervention in the market.
Social unrest, need for labour and social peace.
Factors in development of labour law: social changes (work organization, population), legal factors (individualistic law), social actions (worker associations).

State Intervention

Early labour laws focused on limiting working hours, breaks, etc.
Developed interest and involvement of the government and the public authorities in labor relations.
Evolution of attitude toward unions and collective rights
Specialised administration

Sources of Labour Law

General rules: worker’s statute, setting out minimum conditions.
Sectors-specific rules.
National sources: Spanish Constitution, statutes, collective agreements, custom, and general principles of law.
International sources: EU regulations and directives, ILO recommendations, international treaties, international jurisprudence.

Spanish Constitution

Democratic rule of law.
Recognition of trade unions & employers' associations.
Public rights & freedoms including fundamental rights (labor rights specific).

International Treaties

International Labour Organization (ILO) agreements.
United Nations (UN) conventions.
Bilateral & multilateral agreements.

Collective Bargaining Agreements (CBAs)

Agreements between employers' reps. and worker reps. on working conditions.
Binding contracts for both parties governing work and economic labor aspects.

Employment Contract Elements

Voluntarily undertaken services.
Subordination/dependency relationship.
On behalf of others (non-ownership).
Remuneration/reciprocal compensation.

Probation Period

Time period agreed by both parties for a termination (no prior notice or compensation required).
Maximum length limit set in terms of qualified workers (6 months), or unqualified ones (2 months).

Notice Period

Time period for either party to notify the other of an event (termination, condition change, dismissal).
Purpose: minimizes damage and gives other party time to act.

Dismissal (Termination)

Collective dismissal: affects a group of workers.
Objective dismissal: justified, e.g., economic hardship.
Disciplinary dismissal: based on worker's conduct breach.
Force majeure: events outside company's control (e.g., natural disasters).

Types of Work Contracts

Training
Temporary
Indefinite
Part-time - contracts where the working hours are less than comparative fulltime worker.

Distance Work (Telework)

Remote work where at least 30% of work is done remotely over a 3-month period.
Agreements must be in written, voluntary, and reversible.

Working Day

Essential condition of the labour relationship:
Duration is determined by collective agreements or contracts.
Maximum duration (40 hours/week)
Overtime: extra hours above the maximum.
Paid breaks: mandatory breaks depending on continuous working time.

Night Time Work

Special regulations for work between specific hours. (22:00 - 06:00)
Not applicable to minors or pregnant women (specific situations).

Vacations

Duration: at least 30 calendar days, agreed between the employer and the worker, or in the company’s conventions.
Time period must be provided to the worker at least 2 months before the vacation start date.

Salary

Total economic compensation for services.
Can include cash or in-kind payments.
Minimum wage is set annually.

Functional Mobility

Ability of the employer to assign different tasks to an employee.
Heteronomous limits: dictated by the law.
Autonomous limits: determined by agreement between the parties (contractual freedom).
Geographical mobility: changing the place where work is. Requires agreement between the parties but certain conditions are required when it comes to the distance to work and the domicile of the worker.

Company Succession

Transfer of undertaking when business ownership changes: the new employer assumes obligations of the old one.
Subrogation: new employer becoming responsible for the previous employer's rights and obligations as of the moment of the transfer.

Information Obligations

Transparency obligations related to employment contract changes; required information given in good time to the representatives.

Job Liability

Legal responsibility related to employer duties given to them based on the legal system.
Responsibility for contract compliance and obligations related to workers.

Labour Disputes Resolution

Mediation: neutral expert proposes solutions.
Negotiation: parties try to reach agreement.
Conciliation: neutral assists parties in negotiations.
Arbitration: legally binding solutions.

Lock Outs and Strikes

Lock-out: employer temporarily closes the workplace.
Strike: workers collectively refuse to work to demand better conditions.

Leave of Absence

Forced leave: worker takes leave due to public office.
Voluntary leave: absence from work for personal reasons agreed by the worker & employer.
Childcare leave: absence to take care of children.

Termination of Employment

Various causes (e.g., mutual agreement, breach of contract, retirement).
Notice periods, obligations regarding salary and social security, related to the termination.

Occupational Health

Employers must work in coordination to implement preventative measures.

Industrial Collective Agreements

Agreements are applicable and take precedence over other agreements.

Suspension of Employment

Temporary release from obligations to work and pay.
Examples: due to childcare (maternity/paternity/foster care) or health reasons/illness.

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Description

Explore the fundamental concepts of Labour Law, including its definitions, scope, and historical context. This quiz covers public and private law, workers' rights, and the evolution of labor relations from ancient times to the modern era.