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Insights Spain – National Regulations in Employment Law

Spain – National Regulations in Employment Law

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We, the International Labour and Employment Group of Rödl & Partner, are happy to advise you on labour law issues (individual and collective) as well as social security law issues on a global, regional and local level. 
 
Below you will find basic information on national labour law provisions in Spain.




Interview with Joaquin Echavarri
 


Are there national and/or local collective agreements in the country that regulate labour relations?


Yes. National or local (regional or provincial), depending on the branch of activity and/or the geographical situation, which prevail over  company collective agreement in certain matters (e.g., salary amount).


Are there different legal rules by department/canton?

No.


Is there and what is the staff threshold above which the presence of staff representatives is mandatory?


Not compulsory. This is a right that can be exercised or not by the employees. The threshold to exercise this right is 6 and then 50. 


Are trade unions present in the company?


Yes. Depending of specific thresholds.  


If applicable what is the applicable legal working time? 


40 hours a week on annual average. Alternatives working time organization are possible (non – regular distribution of working time).


Is there a minimum wage set by law/collective agreements (yes/no)? 


Yes. By the law and, if more favorable, by collective agreements.


What is the number of legal annual paid holidays?


22 days paid holiday  a year (counted from Monday to Friday) or 30 days (counted from Monday to Saturday). Applicable Collective Bargaining Agreements could improve the holiday entitlement.


Existence of specific classification of employees according to their functions/responsibilities? 


Yes. By collective bargaining agreements.


Obligation to set up complementary social insurance schemes (mutual insurance/provident fund/pension)?


Not compulsory. But applicable Collective Bargaining Agreements could include such an obligation.

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Joaquín Echavarri

Partner

+34 93 2389 374

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