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Important information about employment contract in Spain by intel legal

Author: Jack Brant
by Jack Brant
Posted: Mar 20, 2016

1 Exactly what terms govern the work relationship?

1. 1 is really a written employment contract or even statement of employment conditions required?

There is no general requirement of an employment contract to stay writing, Spanish Law presumes that the employment contract exists in between anybody that provides services with respect to another and subject in order to its instructions and organizational energy.

nhat the company operates. There will vary collective agreements negotiated between your unions and the asesor laboral marbella

  • associations setting the primary employment conditions: working period, salary, disciplinary procedures, advantages, etc. The provisions in collective agreements apply whatever the terms in the work contract.

Most sectors of activity have their very own collective agreement, and every company may also negotiate their own group agreement.

2 Is there the absolute minimum wage? If so, make sure you give details, in particular whether it pertains to all employees, regardless of the age and experience

Indeed, in Spain there is really a minimum wage that pertains to all employees, regardless of the age and experience. The total amount is established every 12 months by Spanish Government. With regard to 2011, it is €641. 40 monthly.

3 Are there limitations on working hours? If that's the case, please give details

Generally, working time in The country can’t exceed 40 hours per week on an annual typical. Working time can additionally be governed by group agreements, which often will set a far more restrictive limit on operating hours.

There are additional general limits, like no longer working more than nine hours each day or resting at minimum 12 hours between one morning and the next 1.

However, there are exceptions for several industries and activities, that have their own regulations.

4 Can there be a minimum holiday entitlement? If that's the case, please give details. How many public holidays exist in a year and are they contained in the minimum holiday entitlement?

All employees have entitlement to, at least, 30 calendar days' paid holiday each year or if a much more beneficial amount as governed with a collective agreement. Holiday entitlement can just be replaced by payment instead when the contract is terminated and there's accrued but untaken vacation.

There are also, 14 public holidays each year that are not contained in the minimum holiday entitlement.

5 What rights do employees need to time off regarding illness or injury? Is that point off paid? Can an employer get over the State sick spend granted to its workers?

Employees are entitled to no more than 18 months' sick leave regarding illness or injury, which may be extended in some instances. During sick leave, the employee will get a sickness payment from the actual employer, which is approximately 75% from the employees' salary. If the sickness or injuries are because of an accident at function, Social Security will pay in the first day, but if it's due to a typical illness or accident the actual employer can only recover the payments in the Spanish Social Security in the 16th day of lack.

Some collective agreements begin a supplement payment so the actual employee's receive 100% of the salary.

If Social Protection, at any time, declares the employee because permanently ill the work contract will terminate and also the employee will receive the social security pension.

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Author: Jack Brant
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Jack Brant

Member since: May 31, 2013
Published articles: 6211

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