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Questions and Answers
Which of the following is NOT a typical issue addressed by social labor courts?
Which of the following is NOT a typical issue addressed by social labor courts?
In the hierarchy of Spanish labor sources, which element is considered superior to Collective Bargaining Agreements?
In the hierarchy of Spanish labor sources, which element is considered superior to Collective Bargaining Agreements?
What is the role of the 'Social chamber of the national high court' (AN) within the Spanish labor court system?
What is the role of the 'Social chamber of the national high court' (AN) within the Spanish labor court system?
According to the provided text, what is the primary function of the Worker's Statute with respect to employment contracts?
According to the provided text, what is the primary function of the Worker's Statute with respect to employment contracts?
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Which of the following is NOT considered a source of labor law at the international level as stated in the text?
Which of the following is NOT considered a source of labor law at the international level as stated in the text?
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Which principle of the Spanish legal system, as outlined in the constitution, is most closely associated with the protection of collective labor rights?
Which principle of the Spanish legal system, as outlined in the constitution, is most closely associated with the protection of collective labor rights?
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Under which section of the Spanish Constitution are rights such as collective conflict measures explicitly mentioned?
Under which section of the Spanish Constitution are rights such as collective conflict measures explicitly mentioned?
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What is required for a worker to leave their position without facing abandonment?
What is required for a worker to leave their position without facing abandonment?
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What should be established in the collective bargaining agreement (CBA) regarding leave of absence?
What should be established in the collective bargaining agreement (CBA) regarding leave of absence?
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What happens if a company denies a leave request?
What happens if a company denies a leave request?
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How long can the leave of absence for childcare be taken?
How long can the leave of absence for childcare be taken?
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If a worker requests reinstatement but there is no vacancy, what is the onus on the employer?
If a worker requests reinstatement but there is no vacancy, what is the onus on the employer?
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Which of the following statements about shift work is incorrect?
Which of the following statements about shift work is incorrect?
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What condition does NOT allow for the implementation of overtime according to common practices?
What condition does NOT allow for the implementation of overtime according to common practices?
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Which of the following is a prohibition related to overtime work?
Which of the following is a prohibition related to overtime work?
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What is the maximum permissible percentage of salary that can be paid in kind?
What is the maximum permissible percentage of salary that can be paid in kind?
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Which of the following options is true regarding vacation compensation?
Which of the following options is true regarding vacation compensation?
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What is the condition for public holidays as per the provided regulations?
What is the condition for public holidays as per the provided regulations?
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In case of non-payment by the employer for a month, what action can a worker take?
In case of non-payment by the employer for a month, what action can a worker take?
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Which of the following is not included in the definition of salary?
Which of the following is not included in the definition of salary?
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What is the minimum annual salary established for workers as per the Royal decree?
What is the minimum annual salary established for workers as per the Royal decree?
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What are accidental changes in the context of a labor relationship?
What are accidental changes in the context of a labor relationship?
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Who has the unilateral right to change a worker's tasks?
Who has the unilateral right to change a worker's tasks?
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What distinguishes a vertical change in tasks from a horizontal change?
What distinguishes a vertical change in tasks from a horizontal change?
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What is a primary limitation when changing a worker's tasks?
What is a primary limitation when changing a worker's tasks?
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Which of the following is a reason for vertical changes in a worker's tasks?
Which of the following is a reason for vertical changes in a worker's tasks?
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Which type of limits are discussed in the context of functional mobility?
Which type of limits are discussed in the context of functional mobility?
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What is necessary for a vertical change to be implemented?
What is necessary for a vertical change to be implemented?
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What does the term 'ius variandi' refer to?
What does the term 'ius variandi' refer to?
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Changing a worker to a lower professional group is considered which type of change?
Changing a worker to a lower professional group is considered which type of change?
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Which aspect is not considered during horizontal task changes?
Which aspect is not considered during horizontal task changes?
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What principle ensures that employees receive equal payment for equal work?
What principle ensures that employees receive equal payment for equal work?
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Which type of remuneration includes bonuses and commissions as part of the employee's earnings?
Which type of remuneration includes bonuses and commissions as part of the employee's earnings?
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What is the primary role of the Wage Guarantee Fund (FOGASA)?
What is the primary role of the Wage Guarantee Fund (FOGASA)?
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Which type of mobility allows an employer to reassign tasks beyond an employee's original job description?
Which type of mobility allows an employer to reassign tasks beyond an employee's original job description?
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Which component is NOT typically part of indirect remuneration?
Which component is NOT typically part of indirect remuneration?
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What does the process of job evaluation primarily determine regarding remuneration?
What does the process of job evaluation primarily determine regarding remuneration?
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Which principle focuses on aligning an organization’s salary levels with those found in the industry?
Which principle focuses on aligning an organization’s salary levels with those found in the industry?
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Which type of remuneration refers to the personal satisfaction derived by an employee from their work?
Which type of remuneration refers to the personal satisfaction derived by an employee from their work?
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What is the first step in setting minimum and maximum salary values in a remuneration system?
What is the first step in setting minimum and maximum salary values in a remuneration system?
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Which of the following is NOT a method for categorizing remuneration systems?
Which of the following is NOT a method for categorizing remuneration systems?
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Flashcards
Non-payment Disputes
Non-payment Disputes
Legal disputes arising from non-payment, dismissals, fines, breach of contracts, harassment, trade union issues, or strikes.
Social Labor Courts (SLC)
Social Labor Courts (SLC)
A specialized legal system in Spain that handles labor disputes.
Superior Court of Justice (CCAA)
Superior Court of Justice (CCAA)
The highest court in Spain that reviews appeals of decisions from the Social Labor Courts (SLC).
National High Court (AN) - Social Chamber
National High Court (AN) - Social Chamber
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Supreme Court - Social Chamber
Supreme Court - Social Chamber
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Labor Inspectorate
Labor Inspectorate
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Spanish Labor Law
Spanish Labor Law
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Overtime
Overtime
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Shift Work
Shift Work
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Force Majeure Overtime
Force Majeure Overtime
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Minimum Interprofessional Wage (SMI)
Minimum Interprofessional Wage (SMI)
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Salary
Salary
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Vacation Duration
Vacation Duration
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Public Holidays
Public Holidays
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Salary Paid in Kind
Salary Paid in Kind
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Overtime Prohibitions
Overtime Prohibitions
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Preferential Right to Reinstatement
Preferential Right to Reinstatement
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Leave of Absence
Leave of Absence
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Reinstatement Process
Reinstatement Process
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Childcare Leave
Childcare Leave
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Leave of Absence and Seniority
Leave of Absence and Seniority
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Salary as a privileged credit
Salary as a privileged credit
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Unseizable salary components
Unseizable salary components
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Wage Guarantee Fund (FOGASA)
Wage Guarantee Fund (FOGASA)
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Task Changes
Task Changes
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Horizontal Task Changes
Horizontal Task Changes
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Salary management
Salary management
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Internal pay equity
Internal pay equity
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Vertical Task Changes
Vertical Task Changes
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Heteronomous Limits
Heteronomous Limits
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External salary equity
External salary equity
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Professional Group
Professional Group
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Individual equity
Individual equity
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Professional Rights
Professional Rights
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Remuneration systems
Remuneration systems
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Direct remuneration
Direct remuneration
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Ius Variandi
Ius Variandi
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Communication with Workers' Representatives
Communication with Workers' Representatives
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Indirect remuneration
Indirect remuneration
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Limits on Functional Mobility
Limits on Functional Mobility
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Good Contractual Faith
Good Contractual Faith
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Study Notes
Introduction to Labour Law
- Law is a set of co-existence rules
- Public law governs state-individual relationships (administrative, procedural, criminal, taxation)
- Private law governs individual relationships (civil, commercial, international)
- Trade union law (collective bargaining agreements) negotiates workers' rights with the government
Scope of Labour Law
- Workers' Statute (Art. 1) sets out social relationships when someone provides services to others.
- It applies in cases of: free will, renunciation, dependent relationships, services on behalf of others, and personal qualifications/expertise.
Labour Throughout History
- Ancient Times: Manual labor, worker-slave, only duties imposed by the master, no rights/salary.
- Roman Empire: Distinction between labor (hard work) and work (creative), contracts between employers and free men (task completion, service hire).
- Middle Ages: Workers – slaves, freemen, serfs; feudalism – land and protection in exchange for a percentage of harvest.
- Pre-Capitalism: Growth of cities, trades, merchants, artisans, carpenters; self-employed; birth of guilds (early form of trade unions).
- Capitalism: Industrial revolution, factory growth, rural-urban migration, political/economic liberalism; exploitation of workers, social unrest.
Not All Kinds of Work are Regulated by Worker's Statute
- General principle of labor law: limitation of free will ≠ civil law principle.
- Guiding principles for labor law application: more favorable rule, more beneficial conditions, inalienability of rights.
Factors Determining the Genesis of Labour Law
- Sociological Factor: Change in work organization, change in working population structure (workers/owners).
- Legal Factor: Freedom of contracting, unionism prohibition.
- Social Factor: Labour movement; first workers collective actions, workers associations.
- Political Factor: State intervention in labour regulations; shy intervention, contract of employment legalisation, support for unionism and collective rights, specialized administration.
Sources of Labour Law
- Shared Sources: Common with other legal systems (law/custom); unique to labour - CBA, employment contract
- General Rules: Workers' statute establishes minimum employment contract conditions.
- National and International Rules: Spanish Constitution, national statutes, collective agreements, employment contract customs, general principles of law; EU regulations, ILO conventions, international treaties, international jurisprudence
- Generic Rules: Applicable to all branches/general labour law sources.
- Specific Rules: Related to particular sectors.
- Classification: Company collective agreements affect specific companies
State Intervention in Labour Relations
- Labour law rules to limit working hours/breaks
- Public interest, employer interest, employee interest.
- Structure and role of the judicial power is jurisdiction, who administrates justice, the courts of justice.
Social Labour Courts
- Superior Courts of Justice (CCAA) resolve appeals of social labour courts.
- Social Chamber of the National High Court resolves collective disputes at the national level or multiple CCAA.
Introduction to Labour Law
- Essential Conditions of Labour Relationship: Working hours as a limit of work performance and conditions of work services.
- Essential Elements of Contract: Volunteer, personal nature of services, employer subordination, remuneration.
- Worker's Role: Employment contract subject, part of a union, protected by Social Security legislation.
- Employer's Responsibility: Physical or legal person employed by workers, contracted by temporary agencies.
Working Day, Hours, Holidays, Overtime, and Salary
- Working Day: Duration as agreed in collective agreements and contracts- maximum 40 hours a week, minimum breaks.
- Protection of Workers under 18: Cannot work more than 8 hours a day and 40 hours a week
- Protection of Workers’ rights: Ordinary hours, distribution, night time and breaks during the working day
- Leave, holidays and overtime: Agreed period off, paid/non-recoverable, maximum period.
- Salary: Total economic compensation including cash and kind compensations, cannot exceed 30 % of total yearly salary.
Sources of Labour Law
- Generic Rules: Apply generally.
- Specific Rules: Address specific sectors or occupations.
- General Rules: Worker's Statute, minimum conditions.
- National and International Rules: Applicable laws and regulations (Spanish Constitution, ILO, EU directives).
Different Types of Contracts
- Training, temporary, full-time, part-time, distance work.
Principles of Labour Law
- Principle of the most favourable rule
- Principle of the most beneficial condition
- Principle of inalienability of rights
- Principle of in dubio pro operario
- Principle of good faith
- Principle of work continuity
- Principle of the primacy of reality
Employment Contracts
- Duration: Fixed-term, indefinite, for those whose employment time is shorter or longer than 3 months.
- Scope of application: Depending on the sector, company, type of worker
- Written and Verbal Contracts: Legality and form
- Probation period: Temporary period
- Notice period: Advanced notice required
- Minimum Required Contract Clauses: A legally binding agreement specifies minimum requirements.
Dismissal
- Types: Objective (e.g., serious misconduct, incompetence, breach of duty), Disciplinary, collective (affecting a group for economic/technical reasons)
- Procedure: Following regulations, notifying employee, and possible appeal to social/labour court
- Grounds: Specific reasons, ETOP reasons and due to worker’s decision.
Means of Labour Pressure for Resolution of Labour Disputes
- Strike: Work stoppage by workers demanding specific conditions.
- Lockout: Employer decision to close company as a response to a strike or other activity.
Workers' Representatives and Rights
- Workers representative rights in the company.
- Right of consultation and participation in the decision-making process,
- Representation in various forms (works councils, delegates).
Company Succession
- Transfer of business; continuity of labour relations; new employer's obligations.
- Subrogation: New employer assumes legal rights and responsibilities of the old employer, rights transfer.
- Changes of ownership: Inter vivos (during life) or mortis causa (after death).
Occupational Health Obligations
- Prevent/mitigate risk and hazards
- Employer duties: assessment of workplace, risk of accidents/prevention, monitoring compliance.
Substantial & Functional Mobility
- Significant changes to work assigned to an employee; including job changes, responsibilities
- Transfer & displacement within a company.
Leave of Absence
- Types and Conditions : Force majeure, public office appointment, childcare, care of ill family member.
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Description
Test your knowledge of Spanish labor law with this quiz that covers various concepts such as collective bargaining agreements, the role of labor courts, and employment contracts. Understand the key principles and sources of labor law in Spain and assess your understanding of the legal framework that protects labor rights.