3.4.2 Workers’ Rights and Duties

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If you work in Spain, with or without a permit, you should know that you have a series of rights and duties like any other worker.

Holding a permit guarantees a better defence of your rights, but the rights acquired by immigrant workers who did not hold a working permit are starting to be recognized in Spain.

The Spanish law establishes those rights and duties, which are specified in the Estatuto de los Trabajadores (Workers’ Statute):

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1. BASIC WORKERS’ RIGHTS:

a) Work, and free choice of profession or trade

b) Free unionization

c) Group negotiation

d) Group conflict measurements

e) Strike

f) Meeting

g) Information, consulting and and participation in the company

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2. LABOUR RELATIONS RIGHTS:

a) Effective occupation

b) Promotion and professional development at work

c) Non-discrimination directly or indirectly, before or after being employed, based on:
- gender
- marital status
- age (within the limits of the law)
- ethnicity
- social status
- religion or beliefs
- political views
- sexual orientation
- belonging, or not, to a union
- language (in Spanish territory)
- disability, as long as the person is fit to do the job

d) Personal safety and an adequate safety and hygiene policy

e) To respect their privacy and consider their dignity, including protection against harassment based on:
- ethnicity
- religion or beliefs
- disability
- age
- sexual orientation
- sexual harassment or harassment based on gender

f) To receive the legally established wages punctually

g) To carry out the actions derived from their contract

h) Any other right specified in their job contract

3. BASIC DUTIES

To fulfil the specific responsibilities of their job, with good will and diligence

To respect the safety and hygiene policy

To comply with the orders and instructions of their superior as long as they are exercising their professional authority

Not to compete with the company

To contribute to improving productivity

Those derived from their specific contracts

4. QUESTIONS TO CONSIDER AS A WORKER:

BASIC MATTERS
WORK CONTRACT	Document that regulates your labour relationship with your employer: - It includes a job description, working hours, salary, data about the employer and the employee and the established trial period - It is a written document and you should have a copy of it, as a proof of the existing labour relation - There are different kinds: permanent, work experience, part time, full time, etc.
COLLECTIVE AGREEMENT	It is the legal framework that establishes the conditions, rights and duties of the sector that you work in: salary, holidays, leaves, etc.
SALARY	- It is the pay that you receive for the work you do - It is regulated by the collective agreement of the field that you work in - It has to be over the salario mínimo interprofesional (minimum wage): in Spain it currently is 641´40 €
PAYSLIP	- It is the document that indicates your salary - It includes your net pay (what you actually receive) and the deductions for social security and other taxes
WORKING HOURS (AND EXTRA HOURS)	- The maximum number of working hours in Spain is 40 a week, even though some collective agreements establish less weekly working hours - Every hour over the standard weekly hours will be considered an extra hour and should be paid as such by the employer
AFFILIATION AND CONTRIBUTION TO THE WELFARE PROGRAM	- The Seguridad Social (Social Security) is the public social protection system in Spain - Affiliating and contributing to it is a right and a duty for all workers - If you are employed by another person, your employer pays a part of your contribution and deducts the corresponding part from your payslip - If you are self-employed, you must pay your dues to the Social Security in the time and manner established by the law - Contributing to the Social Security grants you very important rights, such as: maternity or industrial accident allowance, unemployment benefits, retirement pension, free health care for you and your dependants, etc.
HOLIDAYS, ABSENCES AND LEAVES	- They are a right for every worker and you are entitled to enjoy them without any deductions from your salary - Holidays are 30 days a year unless otherwise specified in your collective agreement - You are entitled to leave your position, due to illness or industrial accident for as long as the doctors establish: this is called baja por enfermedad común o por accidente laboral - There are various types of leave: marriage and registered partnership: 15 days maternity: 16 weeks paternity: 15 days moving death of relatives doctor’s appointment sons, daughters and siblings weddings personal necessity - The reason for the absence always has to be justified
ENDING A CONTRACT: DISMISSAL, END OF CONTRACT AND SETTLEMENT	- Your contract may only be terminated for a justified reason: Dismissal for just cause End of temporary contract End of the service or work that required the position Voluntary leave - Both the employee and the employer must give 15 days notice to terminate the contract - Except in the case of a dismissal for a just cause, you are entitled to unemployment benefits - If your contract ends, you are entitled to a settlement: Salary corresponding to the already worked but not paid days Proportional part of extra pays and holidays Compensation for termination of contract, as established by the collective agreement (unless you left voluntarily)
UNEMPLOYMENT BENEFITS	- If you contract ends, and it was not a dismissal for just cause or a voluntary leave, you are entitled to benefits granted by the Social Security: Unemployment benefits Unemployment subsidy, if you did not contribute to the SS long enough to be entitled to unemployment benefits - It is processed through the Instituto Nacional de Empleo (INEM) (National Employment Institute)

5. INFORMATION FOR SELF-EMPLOYED WORKERS

If you are self-employed, there is also a law regulating your rights and duties: choice of activity, non-discrimination guarantee, allowance for termination of activity, etc.

The current laws on these matters are:

- Law 20/2007, July 11, Estatuto del Trabajo Autónomo (Self-employed Worker Statute)
- Real Decreto 1541/2011, October 31, based on the Law 32/2010, August 5.

Remember:

- As a worker, you have a series of rights and duties: learn about them.
-In Spain, the unions are in charge of defending workers’ rights: Unión General de Trabajadores (UGT), Comisiones Obreras (CC.OO) and Unión Sindical Obrera (USO) are the main ones, but there are also others, based on the work field. In the section “Information about Resources by Autonomous Region” you will find information about the unions in your area.
- You can contact a union with any work-related question or doubt.
- You have the right to request the service of a sign language interpreter. You may get information about this at your nearest association or federation for the deaf.