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Labour and Employment Compliance in Spain 11th ed

Labour and Employment Compliance in Spain 11th ed

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403520773
  • 出版时间 August 2023
  • 规格: Paperback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Spain. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Spain on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining.

    The volume proceeds in a logical sequence through such topics as the following:

    • written and oral contracts
    • interviewing and screening
    • evaluations and warnings
    • severance pay
    • reductions in force
    • temporary workers
    • trade union rights
    • wage and hour laws
    • employee benefits
    • workers’ compensation
    • safety and environmental regulations
    • immigration law compliance
    • restrictive covenants
    • anti-discrimination laws
    • employee privacy rights
    • dispute resolution
    • recordkeeping requirements

    A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

  • 1. THE LEGAL FRAMEWORK
    1.1. SPANISH CONSTITUTION
    1.2. THE WORKERS’ STATUTE AND OTHER LABOUR LAWS IN SPAIN
    1.3. COLLECTIVE BARGAINING AGREEMENTS
    1.4. EMPLOYEE BENEFITS AND HEALTHCARE
    2. CONTRACTS OF EMPLOYMENT
    2.1. OVERVIEW
    2.2. WRITTEN EMPLOYMENT CONTRACTS
    2.3. ORAL CONTRACTS
    2.4. REMOTE WORKING
    2.5 EMPLOYEE HANDBOOKS
    2.6. JOB DESCRIPTIONS
    2.7. OFFER LETTERS
    2.8. CHECKLIST OF DO’S AND DON’TS
    3. RECRUITING, INTERVIEWING, SCREENING AND HIRING EMPLOYEES
    3.1. OVERVIEW
    3.2. RECRUITING
    3.3. EMPLOYMENT APPLICATIONS
    3.4. PRE-EMPLOYMENT ENQUIRIES
    3.5. PRE-EMPLOYMENT TESTS AND EXAMINATIONS
    3.6. BACKGROUND, REFERENCE AND CREDIT CHECKS
    3.7. INTERVIEWING
    3.8. HIRING PROCEDURES
    3.9. FINES AND PENALTIES
    3.10. CHECKLIST OF DO’S AND DON’TS
    4. MANAGING EMPLOYEE PERFORMANCE/CONDUCT
    4.1. OVERVIEW
    4.2. COACHING AND COUNSELLING
    4.3. WRITTEN EVALUATIONS
    4.4. WARNINGS AND SUSPENSIONS
    4.5. CHECKLIST OF DO’S AND DON’TS
    5. TERMINATION OF EMPLOYEES FOR PERFORMANCE OR DISCIPLINARY REASONS
    5.1. OVERVIEW
    5.2. SEPARATION/SEVERANCE PAY
    5.2.1. Fair Termination
    5.2.2. Unfair Termination
    5.2.3. Null and Void Termination
    5.3. FINES AND PENALTIES
    5.4. CHECKLIST OF DO’S AND DON’TS
    6. LAYOFFS, REDUCTIONS IN WORKFORCE, AND/OR REDUNDANCIES AS A RESULT OF JOB ELIMINATIONS OR OTHER RE
    6.1. OVERVIEW
    6.2. REDUCTIONS IN FORCE/LAYOFFS/JOB ELIMINATIONS
    6.2.1. Collective Versus Individual Reductions in the Workforce
    6.2.2. Procedure
    6.2.3. Termination of the Procedure
    6.2.4. Contribution to the Public Treasury
    6.3. FINES AND PENALTIES
    6.4. CHECKLIST OF DO’S AND DON’TS
    7. LABOUR AND EMPLOYMENT LAW RAMIFICATIONS UPON ACQUISITION OR SALE OF A BUSINESS
    7.1. OVERVIEW
    7.2. ACQUISITION OF A BUSINESS
    7.3. ACQUISITION CHECKLIST
    7.4. SALE OF A BUSINESS
    7.5. SALE CHECKLIST
    8. USE OF ALTERNATIVE WORKFORCES: INDEPENDENT CONTRACTORS, CONTRACT EMPLOYEES, AND TEMPORARY OR LEAS
    8.1. OVERVIEW
    8.2. INDEPENDENT CONTRACTORS
    8.2.1. Definition
    8.2.2. Creating the Relationship
    8.2.3. Compensation
    8.2.4. Other Terms and Conditions
    8.3. CONTRACT WORKERS
    8.4. LEASED WORKERS
    8.4.1. Employee Lease Contract
    8.4.2. Employment Contract Between TEA and Leased Employee
    8.4.3. Rights and Obligations During the Lease
    8.5. CHECKLIST OF DO’S AND DON’TS
    9. OBLIGATIONS TO BARGAIN COLLECTIVELY WITH TRADE UNIONS: EMPLOYEES’ RIGHT TO STRIKE AND COMPANY
    9.1. OVERVIEW OF UNIONS’ RIGHT TO ORGANIZE
    9.2. RIGHT OF EMPLOYEES TO JOIN UNIONS
    9.3. HOW EMPLOYEES SELECT UNIONS
    9.4. PRE-ELECTION CAMPAIGNING
    9.5. UNFAIR LABOUR PRACTICES
    9.6. RELOCATION OF WORK/SHUTDOWN OF BUSINESS
    9.7. CHECKLIST OF DO’S AND DON’TS
    10. WORKING CONDITIONS: HOURS OF WORK AND PAYMENT OF WAGES – BY STATUTE OR COLLECTIVE AGREEMENTS
    10.1. OVERVIEW OF WAGE AND HOURS LAWS
    10.2. MINIMUM WAGE
    10.3. OVERTIME
    10.4. RIGHT TO DISCONNECT
    10.5. MEAL AND REST PERIODS
    10.6. DEDUCTIONS FROM WAGES
    10.7. GARNISHMENT
    10.8. EXEMPTIONS TO WAGE AND HOUR LAWS
    10.9. CHILD LABOUR
    10.10. RECORDKEEPING REQUIREMENTS
    10.10.1. Information That Must Be Maintained
    10.10.2. Records That Must Be Retained
    10.10.3. Failure to Maintain Required Records
    10.11. REDUCTIONS IN COMPENSATION CAUSED BY ECONOMIC DOWNTURN
    10.12. TEMPORARY REDUNDANCY PLANS: SUSPENSION OF EMPLOYMENT CONTRACTS OR REDUCTIONS IN WORKING TIME
    10.13. CHECKLIST OF DO’S AND DON’TS
    11. OTHER WORKING CONDITIONS AND BENEFITS: BY STATUTE, COLLECTIVE AGREEMENTS OR COMPANY POLICY
    11.1. HEALTH AND OTHER INSURANCE
    11.2. PENSION AND RETIREMENT BENEFITS
    11.3. VACATION AND HOLIDAY PAYMENTS ON TERMINATION
    11.4. LEAVES OF ABSENCE
    11.4.1. Personal Leave
    11.4.2. Medical or Sick Leave
    11.4.3. Bereavement Leave
    11.4.4. Family Leave
    11.4.5. Pregnancy Leave
    11.4.6. Suspension Due to Childbirth
    11.4.7. Injury at Work
    11.5. CHECKLIST OF DO’S AND DON’TS
    12. WORKERS’ COMPENSATION
    12.1. OVERVIEW
    12.2. CHECKLIST OF DO’S AND DON’TS
    13. COMPANY’S OBLIGATION TO PROVIDE SAFE AND HEALTHY WORKPLACE
    13.1. OVERVIEW OF SAFETY AND ENVIRONMENTAL LAWS AND REGULATIONS
    13.2. REQUIREMENTS
    13.3. RIGHTS OF EMPLOYEES
    13.4. RIGHTS OF EMPLOYER
    13.5. SPECIFIC STANDARDS
    13.6. INJURY OR ACCIDENT AT WORK
    13.7. WORKPLACE VIOLENCE
    13.8. FINES AND PENALTIES
    13.9. CHECKLIST OF DO’S AND DON’TS
    14. GENERAL IMMIGRATION OVERVIEW IN SPAIN
    14.1. OVERVIEW OF LAWS CONTROLLING IMMIGRATION
    14.2. OBLIGATION OF THE EMPLOYER TO COMPLY WITH THE SPANISH REGULATIONS
    14.3. FINES AND PENALTIES
    14.4. SECONDMENT/FOREIGN ASSIGNMENT
    15. RESTRICTIVE COVENANTS AND PROTECTION OF TRADE SECRETS AND CONFIDENTIAL INFORMATION
    15.1. OVERVIEW
    15.2. THE LAW OF TRADE SECRETS
    15.2.1. Restrictive Covenants and Non-compete Agreements
    15.3. CHECKLIST OF DO’S AND DON’TS
    16. PROTECTION OF WHISTLEBLOWING CLAIMS
    16.1. OVERVIEW
    16.1.1. Good Governance
    16.1.2. Data Protection
    16.2. CHECKLIST OF DO’S AND DON’TS
    17. PROHIBITION OF DISCRIMINATION IN THE WORKPLACE
    17.1. OVERVIEW OF ANTI-DISCRIMINATION LAWS
    17.2. AGE DISCRIMINATION
    17.3. RACE DISCRIMINATION
    17.4. SEX DISCRIMINATION/SEXUAL HARASSMENT
    17.4.1. Relevant Concepts of the Law
    17.4.2. Equality Plans
    17.4.3. How Should the Planning of Equality Be Done?
    17.4.4. Compliance and Potential Sanctions
    17.5. HANDICAP AND DISABILITY DISCRIMINATION
    17.5.1. Pre-existing Illness or Injury
    17.5.2. Post-employment Illness or Injury
    17.5.3. Rights of Employees
    17.6. NATIONAL ORIGIN DISCRIMINATION
    17.7. RELIGIOUS DISCRIMINATION
    17.8. MILITARY STATUS DISCRIMINATION
    17.9. PREGNANCY DISCRIMINATION
    17.10. MARITAL STATUS DISCRIMINATION
    17.11. SEXUAL ORIENTATION DISCRIMINATION
    17.12. RETALIATION
    17.13. CONSTRUCTIVE DISCHARGE
    17.14. CHECKLIST OF DO’S AND DON’TS
    18. SMOKING IN THE WORKPLACE
    18.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
    18.2. CHECKLIST OF DO’S AND DON’TS
    19. USE OF DRUGS AND ALCOHOL IN THE WORKPLACE
    19.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
    19.2. CHECKLIST OF DO’S AND DON’TS
    20. AIDS, HIV, SARS, COVID, BLOOD-BORNE PATHOGENS
    20.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
    20.2. CHECKLIST OF DO’S AND DON’TS
    21. DRESS AND GROOMING REQUIREMENTS
    21.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
    21.2. CHECKLIST OF DO’S AND DON’TS
    22. PRIVACY, TECHNOLOGY AND TRANSFER OF PERSONAL DATA
    22.1. PRIVACY RIGHTS OF EMPLOYEES
    22.2. CHECKLIST OF DO’S AND DON’TS
    23. WORKPLACE INVESTIGATIONS FOR COMPLAINTS OF DISCRIMINATION, HARASSMENT, FRAUD, THEFT AND WHISTLEB
    23.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
    23.2. WHISTLEBLOWING
    23.2. CHECKLIST OF DO’S AND DON’TS
    24. AFFIRMATIVE ACTION/NON-DISCRIMINATION REQUIREMENTS
    24.1. OVERVIEW OF LAWS AND REGULATIONS IN SPAIN
    24.2. CHECKLIST OF DO’S AND DON’TS
    25. RESOLUTION OF LABOUR, DISCRIMINATION AND EMPLOYMENT DISPUTES: LITIGATION, ARBITRATION, MEDIATION
    25.1. INTERNAL DISPUTE RESOLUTION PROCESS
    25.2. MEDIATION AND CONCILIATION
    25.3. ARBITRATION
    25.4. LITIGATION
    25.5. FINES, PENALTIES AND DAMAGES
    25.6. CHECKLIST OF DO’S AND DON’TS
    26. EMPLOYER RECORDKEEPING: DATA PROTECTION AND EMPLOYEE ACCESS TO PERSONNEL FILES AND RECORDS
    26.1. OVERVIEW
    26.2. CONFIDENTIALITY RULES
    26.3. CHECKLIST OF DO’S AND DON’TS
    27. REQUIRED NOTICES AND POSTINGS
    27.1. OVERVIEW
    27.2. CHECKLIST OF DO’S AND DON’TS

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