LABOR LAW

F.A.Q.

1. What are my rights as a worker in Spain?
   Workers in Spain have the right to receive a fair salary, reasonable working hours, days off, paid holidays, among other fundamental rights.

2. How can I know if my employment contract is legal?
   It is important to read and understand the employment contract to know if it is in compliance with Spanish labor legislation. If you have any doubts, you can seek legal advice from us to clarify any issues.

3. What can I do if I am unfairly dismissed?
   You can file a labor claim within 20 working days to claim your right to compensation for unfair dismissal.

4. How is severance pay calculated?
   Severance pay depends on the type of dismissal and the time you have worked at the company. For example, in an unfair dismissal, the worker can receive compensation of 33 days per year worked with a limit of 24 monthly payments.

5. What are the minimum working conditions that an employer must offer?
   The employer must comply with the minimum working conditions established in Spanish labor legislation, such as minimum wages, rest days, paid vacations, among others.

6. What should I do if I am being harassed at work?
   You must inform the employer and/or employee representatives about the situation and take the necessary measures to prevent harassment. You can also file a complaint with the labour courts.

7. How can I claim overtime or back wages?
   You can file a claim with the employer and/or the labour courts to demand overtime or back wages.

8. Is it mandatory to have a written employment contract?
   Yes, the employment contract must be in writing and contain relevant information such as the type of contract, duration, salary, among others.

9. What are the legal reasons for a fair dismissal?
   The legal reasons for a fair dismissal can be for disciplinary, economic, technical, organisational or production reasons.

10. What is a probationary period and how long can it last?
    The probationary period is a trial period that allows both the employer and the employee to assess whether the employee is the right person for the job. The length of the trial period depends on the type of contract, but cannot exceed six months for permanent contracts.