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Spain: Employee rights

Original and updating author: Javier Gutiérrez, Jones Day

Consultant editor: Silvia Bauzá, Hogan Lovells International LLP Madrid

Summary

  • There are various rules for employees' hours of work, including overtime, and particular restrictions for night workers. (See Hours of work)
  • Employees are entitled to minimum rest breaks and rest periods. (See Rest breaks and rest periods)
  • There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holiday and holiday pay)
  • Pregnant employees, new mothers and adoptive parents have various rights. (See Maternity and pregnancy rights)
  • Employees are entitled to leave following the birth, adoption or fostering of a child. (See Paternity leave)
  • Employees are entitled to take unpaid leave of absence of up to three years to look after a young child. (See Parental leave)
  • Employees are entitled to take time off or reduce their working hours for care reasons. (See Carer's leave)
  • Employees are entitled to various other types of statutory paid leave. (See Other leave)
  • Part-time employees have the same rights as full-time employees, on a pro rata basis where necessary. (See Part-time workers)
  • Fixed-term workers have various rights, and there are a number of different types of fixed-term contract. (See Fixed-term workers)
  • Temporary agency workers are considered to have an employment relationship with the agency for which they work. (See Temporary agency workers)
  • Workers posted to work in Spain from other countries are covered by Spanish employment legislation. (See Posted workers)
  • When an independent economic entity is transferred to a new employer and maintains its identity, the employment contracts of employees are transferred to the new employer. (See Transfers of undertakings)
  • Employers are obliged to contribute to a state fund to cover their employees' claims in the event of insolvency, in cases where the company has insufficient funds. (See Insolvency of employer)
  • Disciplinary procedures may derive from one or more sources. (See Disciplinary procedures)
  • Bullying or "moral harassment" at work is prohibited. (See Bullying)
  • There are various rules regarding the processing and use of employees' personal data. (See Data protection and record keeping)