CDD regulados: Si

Remarks

Article 31 of Labour Code provides that the fixed-term employment contract is arranged to carry out eventual or emerging tasks, however, when the established requirements are met, fixed-term employment contracts may be concluded to carry out permanent tasks; to replace absent workers during the fulfillment of internationalist missions; military mobilizations; maternity, illness or accident leave; deprivation of preventive liberty or for periods of less than six months; for accompanying the spouse to official missions; for legitimately authorized licenses or other causes that are exceptionally legally authorized.

The fixed-term employment contract must express the date of its termination, which cannot exceed three years, except in exceptional cases that the State Committee on Labor and Social Security determines.


Razones de utilización legítima de CDD: razones materiales y objetivas

Remarks

See article 31 of Labour Code.

Número máximo de CDD consecutivos: sin restricción

Remarks

There is no indication of limitation in the law.

Duración máxima acumulativa de CDD consecutivos: 36meses

Remarks

See article 31 of Labour Code.

Duración maxima del periodo de prueba (en meses): 6 meses

Remarks

Article 34 Labour Code: The employer may require the worker a trial period whose duration does not exceed thirty days. This trial period can be extended for an additional thirty days in the case of occupations for which it is required to have a medium or higher level. In cases exceptionally authorized by the State Committee for Labour and Social Security, the trial period can be up to one hundred and eighty days. For seafarers, the trial period can be extended to the length of the first campaign or voyage.


Excluded from protection against dismissal: No

Remarks

Article 36 of Labour Code provides that during the trial period, either party may terminate the employment relationship. If the trial period expires, the parties do not express their will to the contrary, the employment contract is formalized with the agreed stipulations, in accordance with the provisions of the law.

Obligación de motivar el despido No Motivos autorizados (despido justificado): conducta del trabajador, razones económicas, capacidad del trabajador, cualquiera justa causa

Remarks

According to article 48 of Labour Code, the employment contract ends for the following general causes:
i) agreement of the parties;
ii) initiative of any of the parties;
iii) call of the worker for the fulfillment of the Active Military Service;
iv) expiration of the fixed term, in the case of fixed-term contracts;
v) execution of the work object of the contract, when it has been concluded for that purpose;
vi) retirement of the worker;
vii) death of the worker;
viii) Closing of enterprise, when there is no subrogation for any other.

In addition, article 53 provides that the employment contract ends at the initiative of the employer for the following reasons:
a) ineptitude of the worker to perform a job, duly demonstrated;
b) lack of suitability of the worker to perform the assigned occupation or position, when it comes to non-compliance with conditions specifically established in the contract;
c) declaration of availability of the worker, as long as there is no other work that can be carried out or if it is not accepted by the worker;
ch) partial disability of the worker, when the possibilities for their placement in the labour entity have been exhausted;
d) definitive separation of the worker for violating labor discipline;
e) punishment of deprivation of liberty by final sentence or security measure, in both cases, when it exceeds six months;
f) compliance with the term of the unpaid leave for childcare, without the worker having returned to work;
g) Sanction of deprivation of liberty by final judgment, in the cases of contracts for a specified time or for the execution of a job or work.

In the case of paragraphs c) and ch), upon termination of the employment relationship, workers receive the protection established by law (salary of the last period worked and annual vacantion compensation).

Motivos prohibidos: embarazo, licencia de maternidad, enfermedad o accidente profesional temporal, afiliación sindical y actividades sindicales, cumplir obligaciones cívicas

Remarks

According to article 56, the employer, in cases of contracts for an indefinite period, cannot dismiss the workers in the following cases:

i) during the worker's enjoyment of periods of maternity leave, paid or not;
ii) during the period of temporary disability of the worker, due to illness or accident of common origin or work;
iii) during the fulfillment of internationalist missions or military or other mobilizations of economic or social interest;
iv) during the enjoyment of annual paid vacations;
v) other situations expressly authorized by law. The workers included in the preceding paragraphs, in the event of closing of the enterprise without any other subrogation in its place, receive the protection and guarantee established by law.

Also article 281 also provides that the worker is also entitled, by reason of maternity, to the grant of paid leave up to six weeks before delivery and twelve weeks after the same. The worker is also entitled to other complementary paid leave to facilitate medical care for your child. In case of multiple pregnancy, the paid leave prior to childbirth is extended to eight weeks.

Concerning trade union activities, article 19 of Labour Code provides that the leaders of the union organizations have the necessary guarantees for the exercise of their management and consequently, the employers cannot transfer them, impose disciplinary measures, affect them in their working conditions, or end their employment relationship due to the performance of their union functions, when they are carried out in accordance with the law

Article 3 (b) of Labour Code also provides that every citizen in conditions to work, without distinction of race, color, sex, religion, political opinion or national or social origin, has the opportunity to obtain a job with which the citizen can contribute to the ends of society and to the satisfaction worker´s needs. However, there is no specific provision dealing dismissals due to discrimination.

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con una invalidez confirmada, trabajadores mayores/que están a punto de retirarse, trabajadores que desempeñan servicio militar/servicio alternativo

Remarks

See above article 56 of Labour Code.
Also, in the case of redundacies, article 59 provides that workers over fifty years of age, if they are men, or over forty-five, if they are women, and those who present partial disability, cannot be declared available while there are vacant positions in the enterprise that they can perform, according to their qualification and work capacity.


Forma de la notificación del despido al trabajador: escrita

Remarks

According to article 54, the termination of the employment contract for an undetermined time due to the causes of ineptitude, lack of suitability, partial invalidity or redundancy must be communicated to the worker in writing, thirty days before the termination of the leave, by the employer.

duración de servicio ≥ 6 meses:

  • Todos: 1 meses.
  • Todos: 1 meses.

duración de servicio ≥ 1 año:

  • Todos: 1 meses.
  • Todos: 1 meses.

duración de servicio ≥ 5 años:

  • Todos: 1 meses.
  • Todos: 1 meses.

duración de servicio ≥ 20 años:

  • Todos: 1 meses.
  • Todos: 1 meses.

Indemnización sustitutiva de preaviso: No

Notificación a la administración: No

Notificación a los representantes de los trabajadores: No

Aprobación de la administración publica o de organismos judiciales: No

Acuerdo de los representantes de los trabajadores: No

Notas / Comentarios

Notas

According to article 54, the termination of the employment contract for an undetermined time due to the causes of ineptitude, lack of suitability, partial invalidity or redundancy must be communicated to the worker in writing, thirty days before the termination of the leave, by the employer. During the aforementioned period, the employer, within the possibilities offered by production or services, must grant facilities to the worker to manage a new job.

Definición de despido colectivo (número de empleados afectados): According to article 57 of Labour Code, the amortization of places as a consequence of structural and institutional changes, technical, technological and organizational changes, increased productivity, merger of employers and their establishments or dependencies and other causes provided by law, may determine the redundancy of workers.

Consultación previa con los sindicatos (representantes de los trabajadores): No

Notificación a la administración: No

Notificación a los representantes de los trabajadores: No

Aprobación de la administración publica o de organismos judiciales: No

Acuerdo de los representantes de los trabajadores: No

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio): Si

Remarks

According to article 58 of Labour Code, in the event of a declaration of availability (redundancy), the same qualification takes into account seniority, in the way that the oldest worker has a priority on keeping a position. For these purposes, the qualification demonstrated by the workers is taken into account, through the evaluation procedure established by law.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...): No

Reglas de prioridad para la re-contratación: No

Notas

There is no indication of severance payment or redundancy payment of such kind, however according to article 60, at the termination of the employment contract, the worker has the right to receive the salary for the work carried out and the payment corresponding to the annual vacations accumulated up to that moment.

Compensación por despido injustificado - libre determinación de la Corte: No

Compensation for unfair dismissal - Are there legal limits?: Si

Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo): Article 60 of Labour Code provides that at the termination of the employment contract, the worker has the right to receive the salary for the work carried out and the payment corresponding to the annual vacations accumulated up to that moment.

Posibilidad de readmisión: No

Remarks

Although there are categories of workers enjoying special protection against unfair dismissal, there is no statutory provision concerning reinstatement.

Conciliación previa obligatoria: No

Corte o Tribunal competente: jurisdicción ordinaria

Remarks

Article 250 of Labour Code provides that the labour disputes are submitted to the following bodies:
a) the labour councils, formed in the terms of Law 8/1977;
b) the popular courts of the Judicial System.

According to articles 11, 12 and 23 of Law 8/1977, the Labour Councils handle the conflicts that may arise between workers, or between them and the state administrations, regarding the recognition, granting or claiming of rights and the fulfillment of obligations arising from labor legislation; short-term social security applications and claims; and the application of disciplinary measures of labour order. The submission of the claim to Labour Councils is mandatory before the subsmission to an ordinary court (popular municipal courts). In this sense, the Labour Council will carry out procedures to handle the case and will dictate the resolution.
The resolution of the Council will briefly record the facts and grounds on which it is based and the corresponding decision. If any of the parties expresses its disagreement with the resolution of the Council, it has the right to go to the Municipal People's Court.

According to article 254 of Labour Code and article 702 of Law on Civil, Administrative and Labour Procedure, the popular municipal courts know about:
a) workers' claims about the rights and the fulfillment of the obligations emanating from labour and social security legislation in the short term, including maternity, when one of the parties shows its disagreement with the resolution of the work council;
b) Workers' claims for non-conformity with the application of disciplinary measures and the consequent compensation for damages when these are modified, due to the exemption or other less severe measure being provided, except in the case of disciplinary conflicts subject to special procedures. ;
c) the claims of workers hired in the private and cooperative sectors about their labour rights and requests from their administrations about the application of disciplinary measures.


Arbitraje: No

Remarks

Although it is not formally called arbitration, the Labour Councils can play the same role. According to articles 11, 12 and 23 of Law 8/1977, the Labour Councils handle the conflicts that may arise between workers, or between them and the state administrations, regarding the recognition, granting or claiming of rights and the fulfillment of obligations arising from labor legislation; short-term social security applications and claims; and the application of disciplinary measures of labour order. The submission of the claim to Labour Councils is mandatory before the subsmission to an ordinary court (popular municipal courts). In this sense, the Labour Council will carry out procedures to handle the case and will dictate the resolution.
The resolution of the Council will briefly record the facts and grounds on which it is based and the corresponding decision. If any of the parties expresses its disagreement with the resolution of the Council, it has the right to go to the Municipal People's Court.
However, if the parties agree with the resolution, it becomes binding and its enforcement might be object of special claim to the ordinary courts.

Carga de la prueba: ambos

Remarks

Articles 316 to 320, 710 and 711 of Law on Civil, Administrative and Labour Procedures.