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We take this opportunity to remind you of the main responsibilities and obligations in labor and Social Security matters that, as an employer, you must take into account.
In this document we also incorporate the most recent updates on this matter:
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 predictable 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. Failure to comply with the regulations on occupational risk prevention can result in 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, regarding 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 it has 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. Registration of the day is 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 attest to the fulfillment of the obligations in matters of affiliation, registrations, terminations or variations, as well as the documents of the quotation and the proof of payment receipts. Examples: employment contracts, and additional annexes; payrolls; payment receipts...
Medical leaves
The obligation that the employee had to present to the company both the medical leave and the successive confirmation notices, during the first year of leave, is removed.
The new legal rule obliges the general practitioner, the mutual company and the Social Security partner company to send the data of the medical leave process electronically to the company itself. For this reason, we recommend establishing a company policy specifying that the employee has the obligation to report the absence, even if he does not have to justify it.
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' payslips. Therefore, at the management level, you need to provide us with the annual cost of the insurance to properly prepare your employees' payroll.
Register of wages
Salary transparency involves the remuneration information for each job. All companies (both natural and legal persons), 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 has actually been received by category or positions of equal value, differentiating the salary, supplements and extra-salary perceptions. Remember that the Labor Inspectorate may request this registration.
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, 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 bound by the collective agreement itself.
- If they have more than 50 employees.
- When the labor authority, with prior sanctioning procedure, has agreed to replace the sanction with the implementation of an equality plan.
Failure to comply with this obligation is a serious offense punishable by fines of 626 to 6,250 euros.
Complaints channel
Companies with more than 50 employees must have a complaint channel, a tool designed to guarantee the protection and integrity of all those people who are part of a company and who want to report an offense committed within their work environment .
Its objective is that any employee, customer or supplier can report an irregularity committed by the company anonymously, so the origin of the report will be unknown, which is a peace of mind for all those people who want to report .
Protocol against sexual harassment
All companies and organizations are obliged to promote an internal system of prevention, detection and correction of situations of sexual harassment and harassment. This means having a mandatory workplace harassment protocol, which includes the principles and guidelines for action in the face of this type of conduct, the procedure for investigating the facts and a guaranteed and confidential communication channel through of which to notify this type of conduct happening.
Sustainability obligations
The European Council has definitively approved the Directive on due diligence of companies in matters of sustainability, which demands responsibilities from companies and obliges them to adopt and apply a transition plan to mitigate climate change.
This directive will impose on a large number of companies the obligation to identify, prevent, mitigate, eliminate and repair adverse effects on human rights and the environment, the responsibility for non-compliance with these obligations and the requirement companies to adopt and implement a transition plan to mitigate climate change.
Digital disconnection protocol
Being able to disconnect from our work obligations outside of working hours is fundamental to achieving a good harmony between personal and work life. And be able to take care of our mental health.
All companies, regardless of the number of employees, are required to have a digital disconnection protocol, regardless of size and area of activity.
If a Labor Inspection detects a violation of the right to digital disconnection, the company can be fined different amounts, depending on the severity, ranging from 620 to 187,515 euros.
LGBTI protocol
Companies with more than 50 employees will have to implement, from last March, an LGTBI Plan that includes an action protocol to deal with harassment or violence against LGBTI people.
This plan, with mandatory compliance, details a set of measures and resources to achieve real and effective equality for these people, which includes an action protocol to deal with harassment or violence against them. The law includes a series of penalties for companies that violate the rights of the LGBTI group, ranging from 200 euros to 150,000 euros.
If you need more information, don't hesitate to contact DATA AND SERVICES