As an employer you will need advice on these key elements –
- The contract of employment and its terms
- The Collective Agreement applying in the particular area of work
- Confidentiality and clauses to protect the business
- A clear pathway which complies with employment law on disciplinary proceedings
- The arbitration schemes available in the region. In some areas of Spain arbitration or mediation proceedings are compulsory in employment disputes.
In Spain there are three levels of legislation governing Employment. Firstly the Spanish constitution protects employees from discrimination based on gender, race, religion and sexual orientation. The EU regulations and Directives protect freedom of movement and employment. If the UK leaves the EU it is quite likely that some reciprocal rights will continue in force for the benefit of both UK and Spanish workers.
In Spain the founding legislation in employment is the Statue of Workers RDL 2/2015. This regulates all aspects of contracts including the duration, trial or probationary periods, working hours, holidays, union representation etc.
The third tier of legislation is the regional and local Collective Agreements known as Convenios. These apply in various sectors as well as in regional, national, provincial and local sectors. For example hotel and hospitality employees would have certain conditions imposed by their collective agreement setting out the maximum working hours, trial period and disciplinary proceedings.
For your particular requirements De Cotta Law can provide advice in your language with an appreciation of the commercial needs of your business when dealing with employment in Spain.