 :: A ‘Convenio Colectivo’ is a written agreement, drawn up between the company and the trade unions, which sets out certain working conditions such as salary, working days, days off, holidays, work permits, working conditions and the dismissal process. It should also include a definition for the professional category that your work comes under, amongst other things.
The content of this agreement must be respected by the employer and employee alike and the conditions stated in the Convenio are always considered a minimum. The guidelines of the Convenio must be observed during the drawing up of a contract. It is always possible to improve upon what is stated, but the employer can never establish conditions that are less favorable to the employee.
If the business activity does not have its own Convenio, then it must refer to the Ley del Estatuto de los Trabajadores (ET) which, like the Convenio, details the minimum working conditions, which must be respected by all who have a labour contract.
Some of the conditions that are stated in the ET are:
••• Maximum Working Hours – the maximum number of hours that an employee can work for, on a weekly basis, is 40 hours. Anything which exceeds this must be paid in overtime. In Spain, you are not allowed to work more than 80 hours of overtime per year. This is considered illegal and you will be fined.
••• Temporary contract – the maximum period of time a temporary contract can be offered for is six months. This in mind, a temporary contract can be drawn up for any period of time, so long as it does not exceed the six-month period stated by law. Upon completion, you are entitled to a single extension, so long as the total duration of the temporary contract, plus the extension, does not exceed the six months previously stated.
••• Extra Payments - In Spain, employees are paid 14 months per year (i.e. they receive 2 extra payments on top of their yearly salary). These extra payments cannot be given at any time of the year; one is made around the Christmas period and the other according to the Convenio Colectivo, or by the agreement established between the employer and the trade union. The latter is usually paid over the summer period. The payment amount is established in the law of the Convenio.
••• Leave – to take leave, you must first give previous notice and then prove your reason for doing so. You have the right to paid leave under the certain circumstances (see table below)
Employee benefits and regulations are also stated in the General Social Security Law, which specifically mentions the benefits to which employees are entitled; maternity leave, sick leave, widowhood, unemployment, retirement etc.
For example, if an employee is sick, they cannot claim salary from either their employer or Social Security in the first three days of illness. Between days four and 20 they are entitled to claim at 60 per cent of their monthly social security contribution.
From day 21 onwards, this is increased to 75 per cent.
Having explained some of the situations that are mentioned in the ET, below are some examples which show how the Convenio Colectivo improves the conditions established in the ET, although you must always bear in mind that each Convenio acts independently in the drawing up of working regulations. All are obliged to meet the minimum conditions stated in the ET and the General Social Security Law.
••• Convenio Colectivo for Telemarketing: the maximum working week is reduced to 39 hours.
••• Convenio Colectivo for the Hotel Industry: the maximum duration of the temporary contract is extended in this Convenio to 12 months. You are entitled to one contract extension, but it can never exceed the 12 months previously stated.
••• Convenio Colectivo for Commerce: in this Convenio, you are entitled to a third extra payment, (whereas the ET only states two) which is called a benefit payment, and is always paid in March. The amount paid is the sum of the employee’s monthly basic salary and seniority payment. Furthermore, the employee’s salary can be paid on a 12 monthly basis, with any extra payments split over the 12 months.
••• Convenio Colectivo for Advertising: In this Convenio, sick leave is paid at 100 per cent of the employee’s salary notwithstanding the number of days taken off.
In conclusion, there are three important distinguishing features to the Convenio; its binding obligations, working guidelines and its inherent structure:
1) Binding obligations – obligations that must be adhered to both by the employee and employer to promote the validity and effectiveness of the Convenio.
2) Working guidelines – this includes everything previously mentioned, for example, salaries, holidays, contract durations etc.
3) Structure of the Convenio – this refers to the specific structure – the Convenio’s duration, the agreement between both parties, the date it entered into force, the territory and people it serves to represent and the renewal process amongst other things.
With regards to the above, it is always best to consult a professional before starting contract proceedings. You will be given guidance on the best option for you, and provided with information regarding the minimum working conditions that could be useful should you want to contract staff in the future.
The Labour Authority, Autoridad Laboral, can levy serious fines against the employer for not complying with the conditions stated in the Convenio.
Should you need further help with this matter or need more information please don’t hesitate to contact us.
Almudena Valadez Torrecilla
Labour and Payroll Department
KSi Costa Consulting Group
www.costaconsultinggroup.com
Tel:- 952 765 899 :: |
