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Employee registration
Notifications of the worker's registration to Social Security must be made prior to the start of the activity.
contracts
As a general rule, all contracts must be indefinite.
The temporary contract is limited to circumstances of production and replacement of the worker and priority is given to the indefinite.
The temporary contract due to circumstances of production for unforeseeable situations or due to temporary employment mismatch cannot last more than six months, extendable to another six months. For foreseeable and limited situations it can be used for a total of 90 days, never continuously.
The temporary worker will be permanent if he accumulates 18 months of work in two years. Fraudulent temporaries and those who accumulate 18 months of work, within a period of 24 months, in the same or different workplace with the same company or group of companies, will be converted into indefinite.
The discontinuous fixed contract is established for jobs of a seasonal or seasonal nature, with certain execution periods. For seniority purposes, the entire duration of the employment relationship will be taken into account and not the time of services actually provided.
People with disabilities
Companies with a workforce of 50 or more employees are required to have at least two percent disabled people.
Prevention of occupational risks
The employer must take the legally established measures to protect the safety and health of workers. They are basically these:
- Occupational risk prevention plan and risk assessment.
- Planning of prevention activities.
- Information, consultation and participation of workers.
- Training of workers.
- Surveillance and health control.
The inspection function in the field of occupational risk prevention corresponds to the Labor and Social Security Inspectorate and to the technicians skilled in the field of occupational risk prevention of the Generalitat de Catalunya. Breach of the regulations on the prevention of occupational risks can lead to financial penalties of 40 to 819,780 euros.
Protection of personal information
The employer is obliged to comply with the Organic Law on the Protection of Personal Data, LOPD, with regard to the processing of the personal data of natural persons.
The LOPD affects legal entities (companies, associations, foundations, etc.), natural persons (self-employed workers) and public administrations. It will be subject to the LOPD as long as you have personal data of people (names, surnames, address, ID, Social Security number, photographs...).
Failure to comply with the regulations can result in fines of 600 to 600,000 euros.
Registration of the working day
The company has the duty to guarantee the daily record of the day, which must include the specific start and end time of each employee's working day, without prejudice to the existing time flexibility. The registration of the day will be mandatory for all employees of the company.
Keep the documentation
The employer must keep, for four years, the documentation, records or computer supports in which the corresponding data have been transmitted that certify compliance with the obligations in terms of affiliation, registrations, terminations or variations that, if where applicable, were produced in relation to these subjects, as well as the quotation documents and the receipts supporting the payment. Examples: employment contracts, and additional annexes; payrolls; payment receipts...
Medical leaves
We remind you that it is mandatory to notify us of the employee's medical leave in order to prepare the payroll and social insurance correctly.
Agreement insurance
It is mandatory to take out the insurance, according to what is established in the collective agreement of the sector. The subscription to this insurance must also be reflected in the workers' payrolls. Therefore, at the management level it is necessary that you provide us with the annual cost of the insurance to properly prepare the payroll of your employees.
Register of wages
Salary transparency involves the remuneration information for each job. All companies (both individuals and legal entities), regardless of the number of employees, are required to have a payroll register.
Wages will be segregated by sex. This record will include the arithmetic average and the average of what is actually received by category or positions of equal value, differentiating the salary, supplements, extra salary perceptions. Remember that the Labor Inspectorate may request this record.
Equality plan
In accordance with the Equality Law, all companies must ensure equal opportunities in the workplace and must adopt measures, after negotiation or consultation with the legal representation of workers, in order to 'avoid any type of discrimination between women and men in your organization. In some cases, these measures are articulated through an equality plan.
Companies have the obligation to draw up and apply an equality plan in the following cases:
- If they are obliged by their own collective agreement.
- If they have more than 50 employees.
- When the labor authority, prior to the sanctioning procedure, has agreed to replace the sanction with the implementation of an equality plan.
Failure to comply with this obligation constitutes a serious infringement punishable by fines of 626 to 6,250 euros.
If you need more information, do not hesitate to contact DATA and SERVICES.