We perform all types of labor formalities in Barcelona and Spain, from the first intervention in the selection process, preparation of payrolls of employees, social security, among other services. Our team of specialists provides the necessary labor advice for the company and employees ensuring compliance with labor regulations in the countries where the company has a presence.
Because the current dynamic world in which we live is bound by legal frameworks and structures, and the established laws that surround us are constantly changing, it is necessary and essential to have a labor advice and have an allied figure who understands the finer details and treats them with skill and commitment to ensure a prosperous growth to the company.
Thus, the figure of an advisor or labor lawyer, defends the interests in all types of labor procedures and is present, both in individuals and in companies, when compliance with the law and other regulations is required.
Having an optimal labor advice is essential to carry out a correct development of the activity of a company.
Aspects such as tax declarations, general accounting or payroll management will always be less complex to solve if it is with the help and presence of a labor advisor. And, in addition, we will avoid possible tax, criminal or civil consequences.
According to Law 31/1995 on Occupational Risk Prevention, ORP is a right for workers and an obligation for employers. Any company or self-employed person who has at least one or more workers in their charge is obliged to comply with these regulations.
This law aims to make prevention a fundamental pillar in companies.
There are 3 different cases:
1. Companies with a minimum number of employees must draw up and implement equality plans according to the following deadlines:
– From 7 March 2020, all companies with more than 150 employees must have one.
– From 7 March 2021, all companies with between 101 and 150 employees must have them in place.
– From 7 March 2022, all companies with between 50 and 100 employees must have approved equality plans.
2. When the applicable collective bargaining agreement of the company in question so stipulates.
3. When the labour authority has agreed in a sanctioning procedure to substitute the accessory sanctions for the drawing up and implementation of such a plan.
This is an unavoidable obligation for companies and not having an equality plan could lead to significant financial penalties.
The unitary representation will be compulsory as from 11 workers in the company. This representation is unitary because it represents all the workers in the company.
The collective bargaining agreement to be applied will be determined according to the sector in which the company operates (CNAE) and its geographical area, and the latest update of the text of the agreement and its validity will always be taken into account.
The law establishes the prevalence of the company’s collective agreement over the sectoral collective agreement. In other words, a company can negotiate its own collective bargaining agreement and the conditions of this agreement will be those that apply to the employment relationship.
Royal Decree-Law 8/2019 of 8 March on urgent measures for social protection and the fight against precariousness in the working day modified article 34 of the Workers’ Statutes to establish the obligation of companies to guarantee the daily working day register of their entire workforce, including those hired on a full-time basis.
In other words, all companies must keep time records for their employees regardless of their working hours. At the same time, they are obliged to keep these records for 4 years, which must be available to both employees and trade unions.
The same Royal Decree establishes that workers must know the distribution and duration of their ordinary working hours and trade unions must know the overtime worked by employees on a monthly basis.
The aim of these measures is to ensure compliance with working hours, to prevent labour abuse and fraud by companies for not paying or compensating overtime, and to facilitate better control by the Labour Inspectorate and the Social Security.
This control can be carried out by means of different tools, ranging from the possibility of controlling working hours from a mobile phone, using cards, installing QR code software, etc.
The record must include when the working day starts and when it ends. The aim of the decree law is to create an environment of trust between employer and employee to ensure that the working relationship is fair and not abused by either party. Therefore there is no obligation to record breaks within the working day, however, it is advisable to keep a record of breaks to avoid confusion.
Non-compliance with the obligation to record the working day will constitute a serious offence in labour matters in accordance with the provisions of art. 7.5 of the Law on Infringements and Sanctions of the Social Order, which can be punished with fines of 626 euros to 6250 euros.