Employment Law

Workers' rights in Spain: the 10 you should know

Do you know your rights as a worker? Salary, working hours, holidays, dismissal, work-life balance and more, explained one by one. BBM Abogados, Santander.

By BBM Abogados · · 9 min read

Key points

  • Every employed worker in Spain has inalienable rights recognised in the Workers' Statute and in collective agreements.
  • Being paid your salary on time, enjoying rest periods and holidays and working in a safe environment are basic rights that no company can cut back.
  • Protection against dismissal, non-discrimination and the balance of work and family life complete the core of a worker's guarantees.
  • If you believe your company is breaching any of these rights, it is advisable to act quickly because many deadlines for claiming are very short.

This article is for general information only and does not constitute legal advice. Every situation requires individual analysis: to assess your specific case, get in touch with us.

Working as an employee in Spain gives you access to a broad catalogue of rights recognised by law. The problem is that many workers do not know them well and, through lack of awareness, accept situations they do not have to tolerate. Knowing what you are entitled to is the first step towards asserting it.

At BBM Abogados we have been defending the interests of workers in Santander and throughout Cantabria since 1990. In this article we review, one by one, the ten essential rights that every worker should know. Take note.

1. The right to salary and to a correct payslip

Your work has to be paid, and that pay must be made on time and on the agreed date. The amount cannot be lower than the one set by your collective agreement nor, in any case, than the National Minimum Wage that the Government approves each year.

You are entitled to receive a detailed payslip clearly showing your base salary, the supplements, the overtime and the deductions (income tax and Social Security contributions). If the company is late with the payment, those amounts accrue interest for late payment of 10% a year. And if the non-payment is repeated, you can request the termination of your contract with the right to compensation.

Check your payslips: they are the document that proves what you earn and what you contribute towards your future pension.

2. The right to limited working hours and to rest periods

You cannot work without limit. Ordinary working hours have a legal cap of effective working time, and between the end of one working day and the start of the next you must enjoy a minimum rest of twelve hours. In addition, you are entitled to an uninterrupted weekly rest (usually the weekend) and, in continuous working days of a certain length, to a break within the working day itself.

Overtime is, as a general rule, voluntary, has an annual limit and must be compensated with money or with rest time. A key detail: the company is obliged to keep a daily working-time record for each worker. That record is your best evidence if you later need to claim unpaid hours.

3. The right to paid holidays

You are entitled to a minimum of 30 calendar days of holidays per year, which many collective agreements extend. They are paid holidays (you earn the same as if you were working) and cannot be substituted for money while the employment relationship lasts: the company cannot pay you not to take them.

The period for taking them is agreed by mutual consent and must be known sufficiently in advance. If holidays remain untaken when your contract ends, the company must pay them in the final settlement. And if you go on medical leave before or during your holidays, you are entitled to take them later.

4. The right to occupational risk prevention

Your company has the obligation to guarantee your safety and health at work. This includes assessing the risks of your post, providing you with the necessary protective equipment, training and informing you about the dangers of your activity and monitoring your health through medical check-ups.

If you consider that there is a serious and imminent risk to your integrity, you have the right to interrupt your activity and leave the workplace. When the lack of safety measures causes an accident, the company may incur liability, and a surcharge on the benefits may even be imposed. This right is not negotiable: your health comes above any production target.

5. The right to equality and to not be discriminated against

No company can treat you unfavourably on grounds of sex, age, origin, religion, sexual orientation, disability, ideology or union membership. Equal treatment applies at all stages of the employment relationship: in recruitment, in promotion, in training and, very especially, in salary.

The principle of equal pay requires paying the same for work of equal value, without gender being able to justify differences. Companies of a certain size are obliged to have equality plans and a salary register. Workplace harassment (mobbing) and sexual harassment are expressly prohibited and can give rise to serious penalties and, even, to the termination of the contract with compensation at the worker’s request.

BBM
“At BBM Abogados we defend the interests of individuals and businesses in Santander and Cantabria with a close, rigorous and fully transparent approach. If you have doubts about your case, we help you see it clearly.”
BBM Abogados , lawyers in Santander since 1990

6. The right to freedom of association and to strike

You have the right to join whichever union you want, or none, without this being able to harm you. Also to take part in union activity, to elect your representatives at the company and to be elected.

The workers’ representation (staff delegates and works councils) defends collective interests, negotiates the collective agreements and monitors compliance with employment legislation. And, as a fundamental right recognised in the Constitution, you have the right to strike in defence of your interests. Exercising it lawfully cannot lead to reprisals against you.

7. The right to protection against dismissal

They cannot dismiss you in just any way. Every dismissal must be communicated in writing, stating the ground and the effective date. Depending on the reason, the dismissal may be disciplinary, objective or collective, and each type has its requirements.

If the dismissal is not justified or does not meet the legal requirements, it may be declared unfair, which gives the right to compensation or to reinstatement. If it infringes a fundamental right, it may be void, with compulsory reinstatement. You have 20 working days to challenge it, a very short deadline that should not be allowed to pass.

If you find yourself in this situation, we explain how to act on our page on unfair dismissal in Santander and on dismissals and compensation. The sooner you get advice, the better you will defend your rights.

8. The right to training and to promotion

Work evolves and you have the right to adapt to those changes. The legislation recognises the right to the training needed for your post, to leave to sit exams when you are pursuing official studies, and even to paid training leave linked to length of service at the company.

Linked to this is the right to professional promotion: promotions must be governed by objective and non-discriminatory criteria. If you perform duties above your category for a certain time, you may be entitled to receive the pay corresponding to those duties and, in some cases, to consolidate the category.

9. The right to the balance of work and family life

The law grants you tools to reconcile your work with your personal and family life. Among them are leave for the birth and care of the child for both parents, reductions in working hours for the legal guardianship of minors or the care of relatives, unpaid leave for the care of children or relatives and the right to adapt your working hours (schedule, distribution of time, remote work) to make that balance effective.

These rights have been expanding in recent years and their exercise cannot be grounds for dismissal or unfavourable treatment. If the company penalises you for seeking work-life balance, that conduct may be declared void.

10. The right to the protection of your data and to your privacy

As a worker, you do not cease to be the holder of your right to privacy and to data protection. The company can only process your personal data for the purposes proper to the employment relationship and with the due safeguards.

This has practical consequences: video surveillance and the monitoring of devices must be proportionate and you must be informed in advance of their existence. You have the right to digital disconnection outside your working hours, that is, not to be permanently available. And your email or your communications cannot be scrutinised without respecting the limits set by the legislation and the case law.

In short: know them and assert them

These ten rights form the core of your protection as a worker, but they are not the only ones, and each collective agreement can improve them. The important thing is that you know they are inalienable: no company can force you to accept conditions below these minimums, even if they ask you to sign otherwise.

If you believe any of your rights is being breached, do not let it pass: many deadlines for claiming are very short. At BBM Abogados, specialists in employment law in Santander since 1990, we analyse your situation and tell you clearly how to defend yourself. Call us on 942 36 10 48 or write to us through our contact page.

Frequently asked questions

Can I waive any of my rights as a worker if I sign a document? +

No. The rights recognised in the Workers' Statute and in collective agreements are inalienable. Any clause by which a worker waives a minimum right (for example, their holidays or part of their legal salary) is void, even if you have signed it. The company cannot force you to accept conditions below those minimums.

How long do I have to challenge a dismissal I consider unfair? +

Only 20 working days from the effective date of the dismissal. It is a very short limitation period and, once it has passed, you lose the right to challenge it. That is why, faced with a dismissal, the most prudent thing is to turn to an employment lawyer as soon as possible so as not to be left without options.

Can the company force me to work overtime? +

As a general rule, overtime is voluntary, unless it is agreed in the collective agreement or contract, or responds to force majeure. In addition, it has an annual legal limit and must be compensated either financially or with rest. All overtime must be recorded, since keeping a working-time record is mandatory.

Am I entitled to holidays if I have been at the company only a few months? +

Yes. Holidays accrue in proportion to the time worked. If you do not complete the year, you are entitled to the proportional part of the 30 calendar days per year that the Workers' Statute sets as a minimum. When the contract ends, untaken holidays are paid in the final settlement.

What can I do if my company does not respect my rights? +

You can complain internally, turn to the labour inspectorate or file a claim before the employment court. First of all, it is advisable to gather evidence (payslips, contract, communications) and get advice. At BBM Abogados, a firm in Santander since 1990, we analyse your situation and tell you how to defend your rights; call us on 942 36 10 48 or write to us at /contacto/.

Have a similar case?

Our team of lawyers in Santander advises you with no obligation. Tell us your situation and we will let you know how we can help.

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