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Statute of Workers

Labor Rights under the Workers’ Statute in Spain: Everything You Need to Know

When hiring internal workers, it is normal for them to expect their efforts to be recognized and for their rights as workers to be protected. In Spain, one of the fundamental pillars to ensure those rights is the Workers’ Statute. This document sets out a series of rules that must be followed in all labor relations. In this article, we will explain clearly and simply what the main labor rights granted by the Workers’ Statute are.

What is the Workers’ Statute?

The Workers’ Statute is a fundamental law that regulates labor relations between employers and employees in Spain. It is a key piece of legislation to ensure that workers enjoy fair and equitable working conditions. It was approved in 1980 and has been modified several times since then to adapt to social and economic changes.

This document covers topics such as the rights and duties of workers, working conditions, working hours, breaks, and, of course, salary. It is essential for both employers and employees to understand their duties and rights.

Statute of Workers

Labor Rights

Main labor rights under the Workers' Statute

Equality and Non-Discrimination

One of the most important rights established by the Statute is the right to equal treatment and opportunities in the workplace. This means that there can be no discrimination based on sex, race, religion, sexual orientation, disability, age, or any other personal or social condition. Additionally, any difference in treatment must be justified by objective reasons and not by prejudice.

In other words, if workers feel they are not being treated fairly in their workplace, whether because of their gender or any other factor, they can claim that their rights be respected.

Working Hours and Breaks

The Statute establishes that the duration of the workweek cannot exceed 40 hours of actual work. Additionally, workers are entitled to daily rest periods of at least 12 hours between the end of one shift and the beginning of the next.

For example, if the workday ends at 6 PM, workers should not work again until 6 AM the following day. Workers are also entitled to a day and a half of weekly rest, which generally translates to the weekend. Moreover, depending on the type of work, there may be annual vacation days that cannot be forfeited.

Health and Occupational Safety Protection

The Workers’ Statute also establishes that employers have the obligation to ensure that working conditions are safe and healthy. This includes all types of preventive measures to avoid workplace accidents or occupational diseases.

If the position involves risks, the company must provide the necessary protective equipment, and if workers find themselves in a dangerous situation, they can demand immediate measures be taken to protect their safety.

Training

It is essential that workers have access to continuous training. The Workers’ Statute establishes that, under certain circumstances, the company must offer job-related training. This training can be useful to improve the worker’s skills and, consequently, their growth prospects within the company.

Job Stability

One of the most valued rights by workers is the right to job stability. The Workers’ Statute establishes that employment contracts must be formalized in writing and that dismissal can only occur under certain conditions and with proper justification.

Dismissals must always be based on objective reasons (such as economic, technical, or organizational causes) or disciplinary reasons (if the worker seriously breaches their obligations). If workers believe their dismissal is unjustified, they can request the annulment of the dismissal and, if the judge declares it unfair, workers have the right to be reinstated or receive compensation.

Work-Life Balance

Another fundamental right included in the Workers’ Statute is the work-life balance. This right is crucial to allow workers to attend to their family responsibilities without negatively affecting their employment.

Among other things, the Statute establishes that workers have the right to maternity or paternity leave, as well as the right to request a reduction in working hours in situations such as caring for a child or a family member.

What does the Workers' Statute allow when workers perceive a violation of their labor rights?

Although the Workers’ Statute widely protects workers’ rights, there are times when workers may find that their rights are not respected. This is often due to many companies hiring the services of worker transfer agencies, meaning they can lose full visibility of the hiring circumstances.

Normally, if workers find themselves in this situation, they tend to take action to claim their rights. First and foremost, the most reasonable course of action would be to speak directly with the contracting and transferring companies to express their concerns. In many cases, a direct conversation can resolve misunderstandings or conflict situations.

If this does not work, it is likely they will turn to unions or a specialized labor lawyer, who can guide them on the steps to take. Ultimately, they may file a legal claim if they believe their rights have been seriously violated.

Hire Outsourcing & Freelancers to protect yourself!

In conclusion, the Workers’ Statute is a fundamental tool to protect workers’ rights in Spain. Whether it is about working conditions, working hours, workplace safety, or equality of opportunities, this document establishes a legal framework that all companies must respect.

It is crucial for workers to know their rights so they can defend them and, if necessary, demand their enforcement. Likewise, employers must understand the fundamental rights of workers to establish limits and commercial agreements with transfer companies, as the legal responsibility for these contracts is shared between the contracting and transferring companies.

To summarize, the Workers’ Statute ensures a fair, balanced, and safe work environment, but it is important that, as an employer, you are informed of your rights and obligations so you know how to act in any situation.