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Leaving your country and coming to Spain to work can be a huge step. Usually, working in Spain is quite similar to working in other European countries. However, there are at least 5 key facts about the Spanish labour laws that you should know before starting a new job.
Every job in Spain abides by labour laws (here, the main law on this matter is the “Estatuto de los trabajadores”). There are also respective collective agreements applicable to each industry. Together, they form the conditions established in the employment contract that apply.
Five of the most pertinent main rules in the Spanish labour laws:
KEY FACT #1: The working week cannot be superior to 40 hours.
KEY FACT #2: You can work a maximum of 9 hours per day, except when specified in the contract.
KEY FACT #3: Usually, there are no sick days, unless agreed with your company. As a general rule, if you get sick, you must go to the doctor and get the “baja laboral”. If you’re sick for more than 3 days, you will start to receive a part of your salary.
KEY FACT #4: Usually, workers get 30 total days of holidays every year. However, this depends on the company, on the worker, and many other factors…
KEY FACT #5: You have paid leave days you can enjoy: 15 days for your marriage, a few days for a family member’s death, four months of maternity leave, and others.
Does The Type of Contract Matter According to the Spanish Labour Laws?
Yes, the type of contract does matter, since the above facts apply to Indefinite contracts. Read on for the type of contract you could have in Spain, and make sure to know what you are accepting before you sign.
- Fixed-term contracts (art.15.1 LET)
The object of the employment contract determines the maximum fixed term of time. Examples include the Temporary contract due to production circumstances or Contract for specific project or service.
- Indefinite contracts (art. 15.1 LET)
The indefinite contract is agreed upon without establishing limits pertaining to its duration and it remains in force until the company, or the employee, decides to terminate it.
- Training contracts
Training contracts are usually made when someone is interning for a position and is currently learning a new job. Normally the company has an agreement with the college/school of the person who is applying for the position. They are paid (or unpaid) and there are a specific number of working hours that one cannot exceed.
Spanish Labour Law Timing:
REST TIME
According to the Spanish Labour Laws, at least 12 hours must pass in between each working day. The workers can rest 15 minutes for every 6 hours worked. All the workers must have at least 1,5 free days per week, which are usually weekends.
OVERTIME
Generally, all of the hours you work that exceed the regular working hours (9 per day usually) count as overtime work. By law, these hours must be compensated with extra income or free time. You can work a maximum of 80 overtime hours.
Would you like to know more about Spanish labour laws?
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