Key Employer Obligations Under Spanish Employment Law

In this article, Assessorament i Consell aims once again to keep readers informed of their obligations as employers under employment law.

Article written by

Conesa Legal

At Conesa Legal, a legal advisory firm based in Barcelona, we have a team of lawyers specialized in all areas of law. We also provide comprehensive advisory and management services covering payroll, tax and accounting, and corporate compliance for both companies and self-employed professionals. We stand out for our expertise in labor law and social security, offering a highly specialized and personalized service since 1976. Our services include both preventive and reactive legal advice and representation, tailored to the needs of businesses and workers alike. Our multilingual team provides legal assistance in English, French, and Spanish, and is well prepared to support a broad range of local and international clients, whether they are companies seeking comprehensive legal solutions or individuals in need of personalized legal advice.

View professional profile

OPENING A WORKPLACE:
No prior authorisation is required to open a new workplace or to resume operations following significant extensions or alterations. However, notification must be submitted to the competent Labour Authority within 30 days of the opening or resumption of work.

INSPECTION REGISTER:
Each workplace must have an inspection register, authorised by the Chief Inspector for the province. This register must be kept up to date, as it was revised some time ago.

WORKING CALENDAR:
Employees must be informed of the current working calendar at their workplace. This must include:
    · Working hours.
    · The annual distribution of working days.
    · The annual distribution of public holidays.
    · Weekly rest periods and rest periods between shifts.

The calendar must be drawn up annually by the company and a copy must be displayed in a prominent location at the workplace.

It is also advisable for companies to display the following at the workplace:
    · The Workers' Statute
    · The regulations replacing the sectoral employment ordinances.
    · The applicable collective bargaining agreement.
    · The Occupational Health and Safety Act and its implementing regulations.
    · The Work Accident Insurance Entity plaque.

PREVENTION DELEGATES:
In compliance with Law 31/1995 on the Prevention of Occupational Risks, prevention delegates are employee representatives with specific responsibilities in the area of workplace risk prevention. They are appointed by and from among employee representatives (Staff Delegates and company Committees) in accordance with the following criteria:

    · Companies with up to 30 employees: 1 Prevention Delegate, who shall also serve as Personnel Delegate.
    · Companies with 31 to 49 employees: 1 Prevention Delegate elected by and from among the personnel delegates.
    · Companies with 50 to 100 employees: 2 Prevention Delegates.
    · Companies with 101 to 500 employees: 3 Prevention Delegates.
    · Companies with 501 to 1,000 employees: 4 Prevention Delegates.
    · Companies with 1,001 to 2,000 employees: 5 Prevention Delegates.
    · Companies with 2,001 to 3,000 employees: 6 Prevention Delegates.
    · Companies with 3,001 to 4,000 employees: 7 Prevention Delegates.
    · Companies with 4,001 or more employees: 8 Prevention Delegates.

HEALTH AND SAFETY COMMITTEES:
This is a joint, collegiate body established for the regular and periodic consultation of the company's actions in the area of risk prevention.

A Health and Safety Committee must be set up in all companies or workplaces with more than 50 employees. It shall be composed of all Prevention Delegates within the company and an equal number of representatives of the company. The Committee shall meet quarterly and whenever requested by any of its representatives.

Companies with several workplaces that each have their own Health and Safety Committee may agree with their employees on the creation of a cross-site Committee.

MEDICAL EXAMINATIONS:
Companies must carry out a medical examination prior to the recruitment of employees who are to fill posts involving a risk of occupational illness, as well as periodic follow-up examinations.

MINORS:
The employment of persons under the age of 16 is prohibited, subject to the exceptions referred to in the Workers' Statute regarding work in public performances.

Likewise, night work is prohibited for persons under the age of 18; that is, minors may not work between 22:00 and 06:00.

WORKERS WITH DISABILITIES:
Companies with more than 50 employees are required to employ a number of workers with disabilities equivalent to no less than 2% of their workforce. Employers will benefit from tax incentives for hiring such workers.

EMPLOYMENT CONTRACTS AND DISCLOSURE TO EMPLOYEE REPRESENTATIVES:
The employer must provide the Works Committee or Personnel Delegates with a basic copy of all contracts that must be concluded in writing. A basic copy is not required for Senior Executive contracts, although the appointment must still be notified.

The basic copy must contain all the details of the contract, with the exception of the employee's national identity number, home address, marital status, and any other information that could affect the personal privacy of the employee being engaged.

The deadline for delivering this copy to employee representatives must not exceed 10 days from the date the contract is formalised. The same deadline applies to notification of renewals and notices of termination or advance notice of contract expiry.

When issuing a termination notice or notice period, the employer must provide the affected employee with a proposed settlement of all outstanding amounts owed.

The employee may request the presence of an Employee Representative at the signing of their final settlement (finiquito).

PENALTIES:
Any acts or omissions by companies that infringe the disclosure rights referred to above will constitute a serious infringement, subject to sanctions in accordance with the Act on Infringements and Sanctions in the Social Order.