Labour and Employment Compliance in Spain 11th Edition

European Union Law

Labour and Employment Compliance in Spain 11th Edition

Edited by Salvador del Rey · Ana Campos
Kluwer Law International August 2023

Specifications

ISBN-13
9789403520773
Publisher
Kluwer Law International
Publication
August 2023
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only
Price on request
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Details

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Spain. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Spain on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining.

The volume proceeds in a logical sequence through such topics as the following:

  • written and oral contracts
  • interviewing and screening
  • evaluations and warnings
  • severance pay
  • reductions in force
  • temporary workers
  • trade union rights
  • wage and hour laws
  • employee benefits
  • workers’ compensation
  • safety and environmental regulations
  • immigration law compliance
  • restrictive covenants
  • anti-discrimination laws
  • employee privacy rights
  • dispute resolution
  • recordkeeping requirements

A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

Table of Contents

1. THE LEGAL FRAMEWORK
1.1. SPANISH CONSTITUTION
1.2. THE WORKERS’ STATUTE AND OTHER LABOUR LAWS IN SPAIN
1.3. COLLECTIVE BARGAINING AGREEMENTS
1.4. EMPLOYEE BENEFITS AND HEALTHCARE
2. CONTRACTS OF EMPLOYMENT
2.1. OVERVIEW
2.2. WRITTEN EMPLOYMENT CONTRACTS
2.3. ORAL CONTRACTS
2.4. REMOTE WORKING
2.5 EMPLOYEE HANDBOOKS
2.6. JOB DESCRIPTIONS
2.7. OFFER LETTERS
2.8. CHECKLIST OF DO’S AND DON’TS
3. RECRUITING, INTERVIEWING, SCREENING AND HIRING EMPLOYEES
3.1. OVERVIEW
3.2. RECRUITING
3.3. EMPLOYMENT APPLICATIONS
3.4. PRE-EMPLOYMENT ENQUIRIES
3.5. PRE-EMPLOYMENT TESTS AND EXAMINATIONS
3.6. BACKGROUND, REFERENCE AND CREDIT CHECKS
3.7. INTERVIEWING
3.8. HIRING PROCEDURES
3.9. FINES AND PENALTIES
3.10. CHECKLIST OF DO’S AND DON’TS
4. MANAGING EMPLOYEE PERFORMANCE/CONDUCT
4.1. OVERVIEW
4.2. COACHING AND COUNSELLING
4.3. WRITTEN EVALUATIONS
4.4. WARNINGS AND SUSPENSIONS
4.5. CHECKLIST OF DO’S AND DON’TS
5. TERMINATION OF EMPLOYEES FOR PERFORMANCE OR DISCIPLINARY REASONS
5.1. OVERVIEW
5.2. SEPARATION/SEVERANCE PAY
5.2.1. Fair Termination
5.2.2. Unfair Termination
5.2.3. Null and Void Termination
5.3. FINES AND PENALTIES
5.4. CHECKLIST OF DO’S AND DON’TS
6. LAYOFFS, REDUCTIONS IN WORKFORCE, AND/OR REDUNDANCIES AS A RESULT OF JOB ELIMINATIONS OR OTHER RE
6.1. OVERVIEW
6.2. REDUCTIONS IN FORCE/LAYOFFS/JOB ELIMINATIONS
6.2.1. Collective Versus Individual Reductions in the Workforce
6.2.2. Procedure
6.2.3. Termination of the Procedure
6.2.4. Contribution to the Public Treasury
6.3. FINES AND PENALTIES
6.4. CHECKLIST OF DO’S AND DON’TS
7. LABOUR AND EMPLOYMENT LAW RAMIFICATIONS UPON ACQUISITION OR SALE OF A BUSINESS
7.1. OVERVIEW
7.2. ACQUISITION OF A BUSINESS
7.3. ACQUISITION CHECKLIST
7.4. SALE OF A BUSINESS
7.5. SALE CHECKLIST
8. USE OF ALTERNATIVE WORKFORCES: INDEPENDENT CONTRACTORS, CONTRACT EMPLOYEES, AND TEMPORARY OR LEAS
8.1. OVERVIEW
8.2. INDEPENDENT CONTRACTORS
8.2.1. Definition
8.2.2. Creating the Relationship
8.2.3. Compensation
8.2.4. Other Terms and Conditions
8.3. CONTRACT WORKERS
8.4. LEASED WORKERS
8.4.1. Employee Lease Contract
8.4.2. Employment Contract Between TEA and Leased Employee
8.4.3. Rights and Obligations During the Lease
8.5. CHECKLIST OF DO’S AND DON’TS
9. OBLIGATIONS TO BARGAIN COLLECTIVELY WITH TRADE UNIONS: EMPLOYEES’ RIGHT TO STRIKE AND COMPANY
9.1. OVERVIEW OF UNIONS’ RIGHT TO ORGANIZE
9.2. RIGHT OF EMPLOYEES TO JOIN UNIONS
9.3. HOW EMPLOYEES SELECT UNIONS
9.4. PRE-ELECTION CAMPAIGNING
9.5. UNFAIR LABOUR PRACTICES
9.6. RELOCATION OF WORK/SHUTDOWN OF BUSINESS
9.7. CHECKLIST OF DO’S AND DON’TS
10. WORKING CONDITIONS: HOURS OF WORK AND PAYMENT OF WAGES – BY STATUTE OR COLLECTIVE AGREEMENTS
10.1. OVERVIEW OF WAGE AND HOURS LAWS
10.2. MINIMUM WAGE
10.3. OVERTIME
10.4. RIGHT TO DISCONNECT
10.5. MEAL AND REST PERIODS
10.6. DEDUCTIONS FROM WAGES
10.7. GARNISHMENT
10.8. EXEMPTIONS TO WAGE AND HOUR LAWS
10.9. CHILD LABOUR
10.10. RECORDKEEPING REQUIREMENTS
10.10.1. Information That Must Be Maintained
10.10.2. Records That Must Be Retained
10.10.3. Failure to Maintain Required Records
10.11. REDUCTIONS IN COMPENSATION CAUSED BY ECONOMIC DOWNTURN
10.12. TEMPORARY REDUNDANCY PLANS: SUSPENSION OF EMPLOYMENT CONTRACTS OR REDUCTIONS IN WORKING TIME
10.13. CHECKLIST OF DO’S AND DON’TS
11. OTHER WORKING CONDITIONS AND BENEFITS: BY STATUTE, COLLECTIVE AGREEMENTS OR COMPANY POLICY
11.1. HEALTH AND OTHER INSURANCE
11.2. PENSION AND RETIREMENT BENEFITS
11.3. VACATION AND HOLIDAY PAYMENTS ON TERMINATION
11.4. LEAVES OF ABSENCE
11.4.1. Personal Leave
11.4.2. Medical or Sick Leave
11.4.3. Bereavement Leave
11.4.4. Family Leave
11.4.5. Pregnancy Leave
11.4.6. Suspension Due to Childbirth
11.4.7. Injury at Work
11.5. CHECKLIST OF DO’S AND DON’TS
12. WORKERS’ COMPENSATION
12.1. OVERVIEW
12.2. CHECKLIST OF DO’S AND DON’TS
13. COMPANY’S OBLIGATION TO PROVIDE SAFE AND HEALTHY WORKPLACE
13.1. OVERVIEW OF SAFETY AND ENVIRONMENTAL LAWS AND REGULATIONS
13.2. REQUIREMENTS
13.3. RIGHTS OF EMPLOYEES
13.4. RIGHTS OF EMPLOYER
13.5. SPECIFIC STANDARDS
13.6. INJURY OR ACCIDENT AT WORK
13.7. WORKPLACE VIOLENCE
13.8. FINES AND PENALTIES
13.9. CHECKLIST OF DO’S AND DON’TS
14. GENERAL IMMIGRATION OVERVIEW IN SPAIN
14.1. OVERVIEW OF LAWS CONTROLLING IMMIGRATION
14.2. OBLIGATION OF THE EMPLOYER TO COMPLY WITH THE SPANISH REGULATIONS
14.3. FINES AND PENALTIES
14.4. SECONDMENT/FOREIGN ASSIGNMENT
15. RESTRICTIVE COVENANTS AND PROTECTION OF TRADE SECRETS AND CONFIDENTIAL INFORMATION
15.1. OVERVIEW
15.2. THE LAW OF TRADE SECRETS
15.2.1. Restrictive Covenants and Non-compete Agreements
15.3. CHECKLIST OF DO’S AND DON’TS
16. PROTECTION OF WHISTLEBLOWING CLAIMS
16.1. OVERVIEW
16.1.1. Good Governance
16.1.2. Data Protection
16.2. CHECKLIST OF DO’S AND DON’TS
17. PROHIBITION OF DISCRIMINATION IN THE WORKPLACE
17.1. OVERVIEW OF ANTI-DISCRIMINATION LAWS
17.2. AGE DISCRIMINATION
17.3. RACE DISCRIMINATION
17.4. SEX DISCRIMINATION/SEXUAL HARASSMENT
17.4.1. Relevant Concepts of the Law
17.4.2. Equality Plans
17.4.3. How Should the Planning of Equality Be Done?
17.4.4. Compliance and Potential Sanctions
17.5. HANDICAP AND DISABILITY DISCRIMINATION
17.5.1. Pre-existing Illness or Injury
17.5.2. Post-employment Illness or Injury
17.5.3. Rights of Employees
17.6. NATIONAL ORIGIN DISCRIMINATION
17.7. RELIGIOUS DISCRIMINATION
17.8. MILITARY STATUS DISCRIMINATION
17.9. PREGNANCY DISCRIMINATION
17.10. MARITAL STATUS DISCRIMINATION
17.11. SEXUAL ORIENTATION DISCRIMINATION
17.12. RETALIATION
17.13. CONSTRUCTIVE DISCHARGE
17.14. CHECKLIST OF DO’S AND DON’TS
18. SMOKING IN THE WORKPLACE
18.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
18.2. CHECKLIST OF DO’S AND DON’TS
19. USE OF DRUGS AND ALCOHOL IN THE WORKPLACE
19.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
19.2. CHECKLIST OF DO’S AND DON’TS
20. AIDS, HIV, SARS, COVID, BLOOD-BORNE PATHOGENS
20.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
20.2. CHECKLIST OF DO’S AND DON’TS
21. DRESS AND GROOMING REQUIREMENTS
21.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
21.2. CHECKLIST OF DO’S AND DON’TS
22. PRIVACY, TECHNOLOGY AND TRANSFER OF PERSONAL DATA
22.1. PRIVACY RIGHTS OF EMPLOYEES
22.2. CHECKLIST OF DO’S AND DON’TS
23. WORKPLACE INVESTIGATIONS FOR COMPLAINTS OF DISCRIMINATION, HARASSMENT, FRAUD, THEFT AND WHISTLEB
23.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
23.2. WHISTLEBLOWING
23.2. CHECKLIST OF DO’S AND DON’TS
24. AFFIRMATIVE ACTION/NON-DISCRIMINATION REQUIREMENTS
24.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
24.2. CHECKLIST OF DO’S AND DON’TS
25. RESOLUTION OF LABOUR, DISCRIMINATION AND EMPLOYMENT DISPUTES: LITIGATION, ARBITRATION, MEDIATION
25.1. INTERNAL DISPUTE RESOLUTION PROCESS
25.2. MEDIATION AND CONCILIATION
25.3. ARBITRATION
25.4. LITIGATION
25.5. FINES, PENALTIES AND DAMAGES
25.6. CHECKLIST OF DO’S AND DON’TS
26. EMPLOYER RECORDKEEPING: DATA PROTECTION AND EMPLOYEE ACCESS TO PERSONNEL FILES AND RECORDS
26.1. OVERVIEW
26.2. CONFIDENTIALITY RULES
26.3. CHECKLIST OF DO’S AND DON’TS
27. REQUIRED NOTICES AND POSTINGS
27.1. OVERVIEW
27.2. CHECKLIST OF DO’S AND DON’TS
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