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Labour and Employment Compliance in Spain 11th ed (eBook)

Salvador del Rey, Ana Campos

ISBN13: 9789403520872

New Edition ISBN: 9789403500393

Published: August 2023

Publisher: Kluwer Law International

Country of Publication: The Netherlands

Format: eBook (ePub)

Price: £51.00
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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.

Subjects:: European Jurisdictions, eBooks, Spain

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