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Labour and Employment Compliance in Spain 11th Edition

Labour and Employment Compliance in Spain 11th Edition

Author: Salvador del Rey; Ana Campos
Publisher: Kluwer Law International
ISBN: 9789403520773

Previous Edition ISBN: 9789403543529
Published In: August 2023
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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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