LABOUR RIGHTS COMPARISON

Transcription

1 LABOUR RIGHTS COMPARISON SPANISH LEGISLATION RYANAIR BASIC LABOUR RIGHTS AND DUTIES Royal Legislative Decree 2/2015, of 23 October, approving the revised text of the Spanish Workers Statute Law. a) Right to work and free choice of profession or trade. b) Right to free association. c) Right to Collective Bargaining. d) Right to adopt collective conflict measures. e) Right to strike. f) Right of assembly. g) Right to information, consultation and participation in the company, through unitary representation (personnel delegates or works councils) and trade unions. h) Right to effective occupation. i) Right to promotion and professional training at work, including that aimed at adapting to changes in the workplace, as well as the development of training plans and actions aimed at promoting their greater employability. j) Right not to be discriminated against directly or indirectly for employment, or once employed, on the grounds of sex, marital status, age within the limits set by this law, racial or ethnic origin, social condition, religion or belief, political opinion, sexual orientation, union membership or non-union membership, as well as on the basis of language, within the Spanish State. They may not be discriminated against on grounds of disability, provided that they are fit to perform the work or employment in question. k) Right to physical integrity and an adequate policy for the prevention of occupational risks. a) Yes, right to work and to a livelihood is protected in Irish Constitution b) Yes, constitutional right to free association. However, no obligation on employer to recognize such association. This is called the employer s right to dis-association. c) Only in very limited circumstances.. Employer can refuse to participate in conflict resolution measures e) Yes, subject to some conditions. Courts often intervene to prohibit strikes f) Yes, constitutional right to free assembly. g) Only to the extent provided by EU Directive h) No. Worker can t be prohibited from an occupation but doesn t have a positive right to any particular occupation. i) No j) Right not to be discriminated against on the grounds of race (including nationality or ethnic origin), gender, family status, marital status, age, religion, disability, sexual orientation and membership of the Traveller Community (indigenous Irish nomadic people.) k) Yes l) Yes

2 l) Right to respect for their privacy and due regard for their dignity, including protection from harassment based on racial or ethnic origin, religion or belief, disability, age or sexual orientation, and from sexual harassment and harassment based on gender. m) Yes n) Yes, but may be expensive to enforce through the courts. m) Right to the timely receipt of agreed or legally established remuneration. n) Right to the individual exercise of the legal actions derived from their employment contract. OCCUPATIONAL SAFETY AND HEALTH (a) The worker shall be entitled to effective occupational safety and health protection in the provision of his services. He is also obliged to observe the legal and regulatory measures for occupational safety and health in his work. b) To receive sufficient and appropriate theoretical and practical training in preventive matters, both at the time of recruitment, regardless of the type or duration of the contract, and when there are changes in the functions performed by the worker or when new technologies or changes are introduced in the work teams a) Yes. Protected by law. b) Worker is entitled to effective protection. If this requires training, then training is obligatory. However, enforcement of this right is difficult. PROMOTION AND PROFESSIONAL TRAINING AT WORK The worker shall be entitled to: (a) All the necessary leaves to take examinations, as well as a preference for working shifts, if this is the case in the company, when studying regularly to obtain an academic or professional degree. (b) The adjustment of the normal working day for attendance to vocational training courses. (c) The granting of appropriate training or further training leaves with reservation of the post. d) The training required to adapt to changes in the workplace. e) Workers with at least one year's seniority in the company are entitled to a paid leave of 20 hours per year of vocational training for work, related to the company's activity, cumulative for a period of up to five years. a) No e) No

3 SALARY a) The worker shall be entitled to receive a remuneration equal to or higher than the Minimum Interprofessional Salary fixed annually by the Spanish Government (SMI 2018 monthly: ). The minimum interprofessional wage, in its amount, is non-seizable. (b) Equal pay for work of equal value: the employer is obliged to pay equal pay for work of equal value, paid directly or indirectly, in whatever form, for it without discrimination on grounds of sex in any of its elements or conditions. (c) The employee is entitled to two extraordinary payments per year, one for Christmas and the other for the month fixed in the collective agreement or by agreement between the employer and the legal representatives of the employees. The amount and possibility of prorating shall be determined according to a collective agreement. d) Remuneration for overtime: in no case may it be less than the value of the ordinary hour, or compensate for equivalent paid rest periods a) Worker is entitles to statutory minimum wage of 9.55 per hour worked. b) Yes.. d) Minimum wage of 9.55 per hour applies. REGIMEN DE DESCANSOS a) Minimum weekly rest period (may be accumulated for periods of up to fourteen days), of one and a half days without interruption which, as a general rule, shall include Saturday afternoon or, as the case may be, Monday morning and the full day on Sunday. b) The weekly rest period for persons under 18 years of age shall be at least two consecutive days. c) A continuous daily working day of more than six hours: a rest period during the day of not less than 15 minutes. d) Workers under eighteen years of age with a continuous working day of more than four and a half hours. The rest period shall be at least 30 minutes. e) Rest between working days: at least 12 hours shall elapse between the end of one working day and the beginning of the next. For pilots and cabin crew, working time is only regulated in accordance with EU Directive 2000/79 and EASA Flight and Duty time regulations.

4 WORKING HOURS a) The maximum duration of the ordinary working day shall be 40 hours per week of actual working time averaged over the year. b) Irregular distribution of the working day throughout the year: 10% of the working day. c) Number of ordinary hours of actual work: may not exceed nine hours per day. a) No d) Workers under the age of 18 may not perform more than eight hours of actual work per day. PAID LEAVES a) 15 calendar days in the case of marriage. b) Two days for the birth of a child. c) Two days for the death, serious accident or illness, hospitalisation or surgery without hospitalisation requiring home rest, of relatives up to the second degree of consanguinity or affinity. When the employee needs to travel for this purpose, the duration of the leave shall be four days. d) One day for the relocation of the habitual residence. e) The time necessary in order to fulfil an inexcusable public and personal duty. f) To perform union or staff representation functions under the terms established by law or by convention. g) The time required for the performance of prenatal examinations and childbirth preparation techniques whenever they are to take place during the working day. h) The time necessary in case of adoption, for the purposes of adoption or fostering, for attendance to the mandatory information and preparation sessions and for the preparation of the mandatory psychological and social reports prior to the declaration of suitability. a) No paid leave for marriage paid leave for fathers. Mothers get maternity leave allowance paid by the State; no right to paid leave from employer., unless employees presence is urgently required and unforeseen. e) No, except for jury duty f) No g) Yes h) Yes i) Yes j) No special provision, normal maternity leave applies. i) One-hour absence from work to breastfeed the child until the child reaches the age of nine months in the event of the birth of a child,

5 REDUCED WORKING HOURS adoption, custody for the purpose of adoption or foster care. The duration of the leave shall be increased proportionately in cases of multiple births, adoptions, foster care for the purpose of adoption or foster care. j) Premature birth of a child who, for any reason, has to remain in hospital after delivery: the mother or father shall be entitled to one hour's absence from work. a) Premature births or births of children who, for whatever reason, have to remain in hospital following childbirth: they have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. b) A legal guardian in charge of an under 12 years old minor, or in charge a person with a disability who is not engaged in gainful employment, is entitled to a reduction in daily working time, with a proportional reduction in salary of at least a minimum one eighth to a maximum of a half the duration of a working day. c) Direct care of a relative, up to the second degree of consanguinity or affinity, who, for reasons of age, accident or illness, is unable to look after himself/herself and who is not engaged in gainful employment: he/she shall be entitled to a reduction of daily working hours, with a proportional reduction in salary between at least a minimum of one eighth and a maximum of a half of the duration of the working day. a) No. e) No f) No d) Nursing of the child in care, during hospitalization and continued treatment, for any serious illness involving a long-term hospital stay requiring the need for direct, continuous and permanent care: The parent, adopter, guardian for the purpose of adoption or permanent foster care shall be entitled to a reduction in working hours, with a proportional reduction in salary, of at least half of the duration of the working day. e) Victims of gender-based violence or victims of terrorism: in order to ensure their protection or their right to comprehensive social assistance, they shall be entitled to a reduction in their working hours with a proportional reduction in their wages, or a reorganization of their working time, by adapting their working hours applying flexible working hours or other forms of working time arrangements used in the company.

6 f) Breastfeeding: the one-hour leave may be replaced by a halfhour reduction in your working day hours for the same purpose or it may be accumulated in full working days. PAID ANNUAL LEAVE AND BANK HOLIDAYS a) The period of paid annual leave, not replaceable by compensation, may not be less than 30 calendar days. b) Bank holidays, shall be paid and not recoverable, and may not exceed 14 days per year, two of them shall be local. In any case, Bank holidays as Christmas Day, New Year's Day, 1 st of May as Labour Day and 12 th of October as Spain's National Day shall be considered as national bank holidays. a) Paid annual leave of 28 calendar days b) Nine paid public holidays: 1st January, 17th March, Monday following Easter, 1st Monday in May, 1st Monday in June, 1st Monday in August, last Monday in October, 25th December, 26th December. COMPANY SUCCESSION In the event of a change in ownership of a company, a work centre or an autonomous production unit, the worker will have the right to be subrogated by the new employer, with the maintenance of the working conditions previously enjoyed. Yes. LEAVE OF ABSENCE Suspension of the employment contract at the worker's request. a) Forced leave of absence: by appointment or election to a public position that makes it impossible to attend work or to perform trade union activities at a provincial or higher level. Its granting is obligatory for the company and it involves the maintenance of the work position and its duration is considered as time worked for seniority calculation purposes. b) Voluntary Leave of absence: A minimum of one year of service in the company is required. The right to reserve the work position is not recognised, but rather the preferential right to re-enter when there is a vacancy in the same or similar category. Its duration will be between four months and five years. a) No

7 TERMINATION AT THE EMPLOYEE S REQUEST This right may only be exercised again by the same worker if four years have elapsed since the end of the previous leave of absence. (c) Childcare leave of absence: A maximum period of three years for the care of each child, either by nature or by adoption, or in cases of fostering for the purpose of adoption or permanent fostering, starting from the date of birth or, where applicable, from the date of the judicial or administrative decision. The period in which the employee remains on leave of absence shall be computable for seniority purposes During the first year the worker will be entitled to the reservation of his/her job. Once this period has expired, the reservation will be valid for a vacancy within the same professional group or equivalent category. The employee on voluntary leave retains only a preferential right to re-enter vacancies of the same or similar category as his or her own that exist or may arise in the company. d) Caring leave of absence for a relative up to the second degree of consanguinity or affinity who, for reasons of age, accident, illness or disability, is unable to look after himself/herself and does not engage in gainful activities: Duration not exceeding two years. The period in which the employee remains on leave of absence shall be computable for seniority purposes. During the first year you will be entitled to reserve your job. Once this period has expired, the reservation will be referred to a post in the same professional group or equivalent category. The employee on voluntary leave retains only a preferential right to re-enter vacancies of the same or similar category as his or her own that exist or may arise in the company. The employee shall be entitled to terminate the employment contract in the following situations on an indemnified basis: (a) Substantial changes in working conditions which are carried out in disregard of the established procedure and which are detrimental to the dignity of the worker. a) No

8 SEVERANCE PAY IN THE EVENT OF DISMISSAL SUBSTANTIAL MODIFICATION OF WORKING CONDITIONS AND GEOGRAPHICAL MOBILITY n-payment or continued delays in the payment of the agreed salary. c) Any other serious breach of the employer's obligations, except in cases of force majeure, as well as the employer's refusal to reinstate the worker in his or her previous working conditions in cases of substantial modification of working conditions, when a court ruling has declared the same to be unjustified. OBJECTIVE DISMISSAL a) Fair dismissal: indemnity of twenty days per year of service, prorated on a monthly basis for periods of less than one year and with a maximum of twelve monthly payments. b) Unfair dismissal: compensation equivalent to 45/33 days' salary per year of service, prorated on a monthly basis for periods of less than one year, up to a maximum of twenty-four months' salary. DISCIPLINARY DISMISSAL a) Fair dismissal: The worker is not entitled to any compensation nor to any procedural salaries. b) Unfair dismissal: compensation equivalent to 45/33 days' salary per year of service, prorated on a monthly basis for periods of less than one year, up to a maximum of twenty-four months' salary. NULL AND VOID DISMISSAL Entails the immediate readmission of the worker under the same conditions as those he had been enjoying prior to dismissal (for any reason), with payment of the procedural salaries. SUBSTANTIAL MODIFICATION OF WORKING CONDITIONS: Should the employee be harmed by the substantial modification, he or she shall have the right to terminate his or her contract and receive an indemnity of twenty days' salary per year of service, prorated on a monthly basis for periods of less than one year and for a maximum of nine months. Dismissal due to redundancy: two weeks salary up to maximum of 1200 per year of service Unfair Dismissal: Up to two years salary at discretion of Tribunal or Court. Alternatively the Court may order restoration of the employment contract under the same conditions. Fair Disciplinary Dismissal: No compensation payable. a) Substantial Modification of Conditions No automatic right but employee can resign and claim unfair dismissal. This is a difficult claim to prove. b) Geographic Modification No automatic right. If geographic shift is unreasonable, employee can

9 GEOGRAPHICAL MOBILITY: the worker shall have the right to terminate his employment contract with an indemnity of twenty days' salary per year of service, prorated on a monthly basis for periods of less than one year and with a maximum of twelve months' salary. resign and claim unfair dismissal. This is a difficult claim to prove.