Employment law + Contract law in Spain

↑

▷ Содержание

⇐ ПредыдущаяСтр 7 из 7

The relationship between employee and employer are dictated by the Spanish Work Code – Código de Trabajo de España – which is a law that applies throughout Spain. It lays out the basic principles that must rule that relationship.

Besides this Work Code, there is usually a more detailed regulation specific to the sector or activity in which a company operates. This specific regulation is named Collective Bargaining – Convenio Colectivo.

For our company we’ll hire a group of IT specialists (consists of 5 people) + a group of healthcare worker (2/3 people). Furthermore, we appeal to a Spanish legal advisor who helped us with drafting the terms of contracts for our employees.

There are general regulations, applied to our employees are the following:

- an employee is required to work 40 hours/week and not more than nine hours per day;

- the local legislation prescribes a period of 30 working days for holiday purposes per year for every employee working on a full-time employment contract if the employee worked for at least one year in the company.

- the maternity leave is established at four months, but the period can increase in several conditions such as multiple births or various medical situations.

- the employer is entitled to a holiday of 15 calendar days when he or she gets married and two days for the birth of a child or the death of a family member.

- the employees are also entitled to other 14 free days, as an effect of the Spanish public holidays.

- in certain cases, if an employee is fired, the employer must pay him or her an indemnisation, set out in accordance with the period of time the employee worked in the company.

- women have the option to take their monthly menstrual leave for three to five days if they feel uncomfortable during their periods.

In Spain, there are two main types of employment contracts - indefinite and temporary. As for our enterprise we will deploy indefinites contracts.

For a contract to be valid under Spanish law there are three main requirements. These are set out in the Spanish Civil Code. They are:

· The consent of the parties to the contract

This means that the parties must be clear that they are agreeing to a legally binding contract.

· A certain and clear object.

The contract must be clear about what the parties intend. Any assets or services must be feasible, even future ones, and promised in good faith.

· The contract must be to perform an act that is lawful.

Познавательные статьи:



Психологические особенности спортивного соревнования

Приготовление дезинфицирующих растворов различной концентрации

Занятость населения и рынок труда

Социальный статус семьи и её типология