In Spain, employment termination must be justified by the employer and can be categorized into three main types: Disciplinary Dismissal, Objective Dismissal, and Collective Dismissal (Economic, Technical, Organizational, or Production-related Reasons - ETOP).

Disciplinary Dismissal

This involves repeated, unjustified absence or lack of punctuality, disobedience or lack of diligence at work, verbal or physical abuse toward the employer, colleagues, or family members associated with the workplace, transgression of good faith or abuse of trust within job duties, decreased productivity or work performance on a continuous and voluntary basis.

Objective Dismissal

This includes an employee's lack of competence or inability to adapt to workplace changes, repeated, justified absences, even if below the legally established limit, and economic, production-related, technical, or organizational reasons justifying the reduction of workforce.

Collective Dismissal (ETOP)

This applies when a company dismisses a significant number of employees due to economic or structural reasons and requires a formal negotiation process with employees' representatives.

Notice Requirements

For individual dismissals (disciplinary or objective), employers must give at least 15 days' written notice with detailed reasons for the termination. The employee can be relieved of duties during this period, but the employer must still pay their regular wages. For collective dismissal (ETOP), a consultation period with workers representatives is required. The length of this period depends on the number of employees affected. A minimum of 15 days' notice to individual employees is usually required.

Severance Pay

For objective dismissal and collective dismissal (ETOP), employees are entitled to severance pay of 20 days' salary per year of service, with a maximum of 12 months' salary. If a court recognizes the dismissal as unfair in cases of disciplinary dismissal, the previous severance pay formula applies. In cases of valid disciplinary dismissals, no severance pay is due.

Important Notes

Spanish labor courts tend to side with employees, so employers must act carefully and have solid documentation to support their reasons for dismissal. Special regulations apply to the termination of senior executives.

Spain has strong anti-discrimination laws, primarily embodied in the Comprehensive Law for Equal Treatment and Non-Discrimination (Ley Orgánica 3/2007) and the Workers' Statute.

Protected Characteristics

Spanish legislation prohibits discrimination based on an extensive list of grounds:

• Birth
• Race or ethnic origin
• Sex
• Religion or belief
• Opinion
• Age
• Disability
• Sexual orientation
• Gender identity or expression
• Illness or health status
• Serological status
• Genetic features
• Language
• Socioeconomic status
• Any other personal or social condition or circumstance

Redress Mechanisms

Victims of discrimination in Spain have several routes for seeking redress:

• Administrative Complaints: Individuals can file complaints with the relevant government agencies responsible for enforcing anti-discrimination laws. These agencies can investigate, mediate, and impose sanctions.
• Civil Litigation: Discrimination victims can file lawsuits in civil courts to seek compensation for damages and other remedies.
• Criminal Proceedings: In severe cases, discrimination can constitute a criminal offense, potentially leading to criminal prosecution.

Burden of Proof

Importantly, Spain's anti-discrimination laws often shift the burden of proof to the alleged discriminator. If a victim establishes a prima facie case of discrimination (a basic showing), the burden shifts to the employer or alleged discriminatory party to prove a legitimate reason for the action unrelated to discrimination.

Employer Responsibilities

Employers in Spain have significant responsibilities in preventing and addressing discrimination:

• Policies and Procedures: Employers must develop and implement clear anti-discrimination policies and procedures.
• Training: Employers are obligated to provide regular training to employees on anti-discrimination law, company policies, and recognizing discriminatory behaviors.
• Complaint Mechanisms: Employers must establish clear and accessible channels for employees to report discrimination complaints and ensure prompt and impartial investigations.
• Preventative Measures: Employers must take proactive steps to prevent discrimination and harassment from occurring.
• Remedies: Employers are liable for discriminatory acts and must take steps to remedy them.

Spanish labor laws establish clear standards for working conditions, promoting a healthy work-life balance and employee well-being. The regulations cover aspects such as work hours, rest periods, and ergonomic requirements.

Working Hours

The maximum average workweek in Spain is 40 hours, calculated annually. This translates to a maximum of eight hours per day, with exceptions for flexible working arrangements. Overtime work is regulated and cannot exceed 80 hours per year unless compensated with time off. Employers must pay a higher hourly rate for overtime work, as specified in the employment contract or collective bargaining agreements. Workers are entitled to a minimum of 1.5 days of rest per week, ensuring sufficient recovery time between shifts. Additionally, employees receive a 15-minute break after every six hours of work.

Ergonomic Requirements

While Spanish legislation doesn't have a single, comprehensive document outlining ergonomic requirements, general workplace safety regulations encompass ergonomic principles. Employers have the responsibility to provide a safe work environment that minimizes the risk of musculoskeletal disorders. This might involve supplying ergonomically designed furniture, like adjustable chairs and workstations, educating employees on proper posture and techniques to prevent repetitive strain injuries, and regularly evaluating workstations to identify potential ergonomic hazards.

Spain has a comprehensive framework of health and safety regulations in place to ensure worker well-being. These regulations outline the obligations of employers, the rights of employees, and the enforcement agencies involved.

Employer Obligations

Under Spanish Law 31/95, the Prevention of Workplace Risks Law, employers are required to ensure a safe work environment. Key obligations include:

• Risk Assessment and Prevention Plans: Employers must conduct risk assessments, identify potential hazards, and implement preventive measures. This includes developing a General Occupational Risk Prevention Plan.
• Information and Training: Employers must provide employees with information and training on health and safety procedures specific to their roles and the workplace.
• Safe Work Equipment and Personal Protective Equipment (PPE): Employers must ensure the availability of safe equipment and provide appropriate PPE where necessary.
• Medical Check-Ups: Employers are responsible for facilitating regular medical check-ups for employees, especially those in high-risk professions.
• Emergency Plans and Procedures: Employers must establish clear emergency plans and procedures.

Employee Rights

Employees in Spain have the right to a safe and healthy work environment. Key rights under health and safety regulations include:

• Right to Information and Training: Employees have the right to receive comprehensive information and training on health and safety risks and procedures.
• Right to Consultation and Participation: Employees have the right to be consulted on health and safety matters and participate in the development and implementation of preventive measures.
• Right to Refuse Unsafe Work: Employees have the right to refuse work they believe poses a serious and imminent threat to their health and safety.
• Right to Medical Surveillance: Employees have the right to regular medical check-ups to monitor their health and identify any work-related health issues.

Enforcement Agencies

Several agencies oversee the Spanish health and safety system:

• National Institute for Safety and Health at Work: A technical body under the Ministry of Labor and Social Economy, INSHT provides technical guidance, research, and training resources on health and safety matters.
• National Work Safety and Health Commission: This inter-ministerial body sets national policy and coordinates health and safety initiatives across various government departments.
• Labor Inspectorate: This department within the Ministry of Labor and Social Economy conducts inspections of workplaces to ensure compliance with health and safety regulations. They have the authority to issue fines and impose corrective measures on non-compliant employers.