1. EMPLOYMENT CONTRACT
1.1. Legal regulation and general matters of the employment contract.
Spanish labour relationships are mainlyregulated by internal laws, collective bargaining agreements and individual employment agreements. The Spanish Constitution provides the framework. The Worker’s Statute regulates the relationship betweenemployees and employers.
“Stability of employment principle”: temporary contracts are only permitted under specific circumstances.
The contracts that MUST be in writing are: training of specific works>4 weeks, part time contracts, home contracts, to work for a Spanish company abroad.
Procedure: Registration of the agreement (INEM: Employment Office) 10 days for notification from the date ofcontract, also needed in extension of contracts. Social Security: worker registered min. 5 days before starting to work. Information to worker representatives: max 10 days from entering the contract (alsoextensions, complains…). Information to the workers: >4 weeks detail to the worker the essential elements of the employment relationship.
1.2 Collective bargaining agreements
Collectivebargaining agreements are made between trade unions and employers. They regulate conditions of employment (agreements on salaries, hours of work and overtime, retirement, promotion, holidays, health andsafety). Legally binds all workers within the scope.
1.3 Contracts and implied terms
Terms implied in ALL employment contracts: Employee’s duties (fidelity, obedience, due diligence and care, notcompeting, improve company’s productivity, observing health and safety), Employer’s duties (provide employee with work according to his post, non-discrimination, punctual payment of salary, due care ofemployee’s health and safety).
~ Fidelity. A confidentiality covenant (clausula) is advisable. Consequences of breach: disciplinary action / disciplinary dismissal, criminal...