At Doble EFE Abogados, we understand that being well-informed about your labor rights is essential to protect your well-being in the workplace. Below, we offer a comprehensive guide on the labor rights that every worker should know in Spain.
1. Employment Contract
- Types of Contract: There are several types of employment contracts, such as permanent, temporary, part-time, among others. Each has its own characteristics and conditions.
- Contract Content: Your contract should clearly specify the terms of employment, including salary, working hours, job functions, contract duration, and probation period, if any.
2. Working Hours and Breaks
- Maximum Duration: The standard working week should not exceed 40 effective working hours on average annually.
- Overtime: Hours worked beyond the standard schedule are considered overtime and must be compensated either financially or with equivalent rest time.
- Daily and Weekly Breaks: You are entitled to a minimum rest of 12 hours between working days and a weekly rest of at least one and a half consecutive days.
3. Salary and Extra Payments
- Minimum Wage: In Spain, there is a minimum interprofessional salary that sets the minimum remuneration you should receive.
- Extra Payments: In addition to your monthly salary, you are entitled to two extra payments per year, one at Christmas and the other in the month determined by the collective agreement or the agreement between the company and the workers.
4. Holidays and Leave
- Annual Holidays: You are entitled to a minimum of 30 calendar days of paid vacation per year. The dates of enjoyment should be agreed with the employer.
- Paid Leave: You can request paid leave for personal reasons, such as marriage, birth of a child, death of a relative, moving, and other cases provided by law or the collective agreement.
5. Health and Safety at Work
- Safe Environment: Your employer is obliged to ensure a safe and healthy working environment by adopting the necessary measures to prevent occupational hazards.
- Protective Equipment: You must receive adequate personal protective equipment and training on how to use it correctly.
6. Rights of Equality and Non-Discrimination
- Equal Treatment: All workers have the right not to be discriminated against on the grounds of sex, age, disability, racial or ethnic origin, religion, sexual orientation, opinion, or any other personal or social condition.
- Conciliation Measures: You have the right to measures that facilitate the reconciliation of work and family life, such as reduced working hours, adjusted schedules, and specific leave for maternity, paternity, and family care.
7. Claims and Defense of Rights
- Union Action: You can join a union that defends your labor rights and participates in collective bargaining.
- Claim Channels: If you believe your rights have been violated, you can file a complaint with the company, use mediation and arbitration services, or file a lawsuit in labor courts.
Knowing your labor rights is essential to ensure that your working conditions are respected and to be able to act in case of any irregularities. At Doble EFE Abogados, we are committed to offering you the necessary advice and support to protect your rights as a worker. If you have any questions or need legal assistance, do not hesitate to contact us. We are here to help you.