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Spain - Source and scope of regulations



References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree Law 2/2015, consolidated version (Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores). Available only in Spanish.
    Date: 13 Nov 2015; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish.
    Date: 11 Dec 2011; view website »
  • Law 11/2013 on measures to support the entrepeneur and promote growth and generate employment (Ley 11/2013, de 26 de julio, de medidas de apoyo al emprendedor y de estímulo del crecimiento y de la creación de empleo. Available only in Spanish.
    Date: 26 Jul 2013; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree Law 2/2015, consolidated version (Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores). Available only in Spanish.
    Date: 13 Nov 2015; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish.
    Date: 11 Dec 2011; view website »
  • Law 11/2013 on measures to support the entrepeneur and promote growth and generate employment (Ley 11/2013, de 26 de julio, de medidas de apoyo al emprendedor y de estímulo del crecimiento y de la creación de empleo. Available only in Spanish.
    Date: 26 Jul 2013; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree Law 2/2015, consolidated version (Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores). Available only in Spanish.
    Date: 13 Nov 2015; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish.
    Date: 11 Dec 2011; view website »
  • Law 11/2013 on measures to support the entrepeneur and promote growth and generate employment (Ley 11/2013, de 26 de julio, de medidas de apoyo al emprendedor y de estímulo del crecimiento y de la creación de empleo. Available only in Spanish.
    Date: 26 Jul 2013; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree Law 2/2015, consolidated version (Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores). Available only in Spanish.
    Date: 13 Nov 2015; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish.
    Date: 11 Dec 2011; view website »
  • Law 11/2013 on measures to support the entrepeneur and promote growth and generate employment (Ley 11/2013, de 26 de julio, de medidas de apoyo al emprendedor y de estímulo del crecimiento y de la creación de empleo. Available only in Spanish.
    Date: 26 Jul 2013; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as last amended by Law 35/2010, Royal Decree Law 3/2012, Law 3/2012, Royal Decree Law 11/2013, Royal Decree Law 16/2013 and Law 22/2013. Available only in Spanish.
    Date: 17 Sep 2010; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish.
    Date: 11 Dec 2011; view website »
  • Law 11/2013 on measures to support the entrepeneur and promote growth and generate employment (Ley 11/2013, de 26 de julio, de medidas de apoyo al emprendedor y de estímulo del crecimiento y de la creación de empleo. Available only in Spanish.
    Date: 26 Jul 2013; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET)

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as last amended by Law 35/2010, Royal Decree Law 3/2012, Law 3/2012, Royal Decree Law 11/2013, Royal Decree Law 16/2013 and Law 22/2013. Available only in Spanish.
    Date: 17 Sep 2010; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish.
    Date: 11 Dec 2011; view website »
  • Law 11/2013 on measures to support the entrepeneur and promote growth and generate employment (Ley 11/2013, de 26 de julio, de medidas de apoyo al emprendedor y de estímulo del crecimiento y de la creación de empleo. Available only in Spanish.
    Date: 26 Jul 2013; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
NOTE: This information has changed since the previous period covered.
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) (art. 51(2) ET)
    - In the event of economic dismissal (individual and collective) in enterprises with less than 25 employees, the Wage Guarantee Fund paid 40% of the statutory redundancy pay due to workers, until 1 January 2014 (art. 33(8) ET now repealed by Law 22/2013) .

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as last amended Royal Decree Law 3/2012, Law 3/2012, Royal Decree law 16/2013. Available only in Spanish
    Date: 17 Sep 2010; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011, (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish
    Date: 11 Dec 2011; view website »
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) and there is no requirement to submit a social plan (art. 51(4) ET)
    - In the event of economic dismissal (individual and collective) in enterprises with less than 25 employees, the Wage Guarantee Fund pays 40% of the statutory redundancy pay due to workers (art. 33(8) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
NOTE: This information has changed since the previous period covered.
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as last amended by Law 35/2010 and Law 3/2012 Available only in Spanish
    Date: 17 Sep 2010; view website » (view in NATLEX »)
  • Law 35/2010 on urgent measures to reform the labour market (Ley 35/2010, de 17 de septiembre, de medidas urgentes para la reforma del mercado de trabajo). Available only in Spanish.
    Date: 17 Sep 2010; view website » (view in NATLEX »)
  • Royal Decree-Law 3/2012, on urgent measures to reform the labour market (Real Decreto Ley 3/2012, de 10 de febrero, de medidas urgentes para la reforma del mercado laboral). Available only in Spanish

    Date: 10 Feb 2012; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], Act No. 36/2011 (Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social). Available only in Spanish
    Date: 11 Dec 2011; view website »
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) and there is no requirement to submit a social plan (art. 51(4) ET)
    - In the event of economic dismissal (individual and collective) in enterprises with less than 25 employees, the Wage Guarantee Fund pays 40% of the statutory redundancy pay due to workers (art. 33(8) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


References
NOTE: This information has changed since the previous period covered.
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as last amended on 17 September 2010 by the Labour Market Reform, Act No. 35/2010 (Ley de medidas urgentes para la reforma del mercado de trabajo) Available only in Spanish
    Date: 17 Sep 2010; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], consolidated version, Royal Law Decree 2/1995 as last amended in September 2010 by the Labour Market Reform, Act No. 35/2010
    (Texto Refundido de la Ley de Procedimiento Laboral, Real Decreto Legislativo 2/1995, de 7 de abril). Available only in Spanish
    Date: 17 Sep 2010; view website »
  • Law 35/2010 on urgent measures to reform the labour market (Ley 35/2010, de 17 de septiembre, de medidas urgentes para la reforma del mercado de trabajo).
    Available only in Spanish
    Date: 17 Sep 2010; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) and there is no requirement to submit a social plan (art. 51(4) ET)
    - In the event of economic dismissal (individual and collective) in enterprises with less than 25 employees, the Wage Guarantee Fund pays 40% of the statutory redundancy pay due to workers (art. 33(8) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
NOTE: This information has changed since the previous period covered.
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1620/2011);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/2011).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provides or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.

Notes / Remarks
The information provided here under the 2011 entry for Spain reflects the legislation on termination of employment as last amended in September 2010 by the Labour Market Reform (Act No. 35 of 2010).



References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as amended by Act 40/2007 with respect to social security matters (Ley 40/2007 de medidas en materia de Seguridad Social). Available only in Spanish; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], consolidated version, Royal Law Decree 2/1995 as last amended in November 2009 (Texto Refundido de la Ley de Procedimiento Laboral, Real Decreto Legislativo 2/1995, de 7 de abril). Available only in Spanish
    Date: 03 Nov 2009; view website »
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) and there is no requirement to submit a social plan (art. 51(4) ET)
    - In the event of economic dismissal (individual and collective) in enterprises with less than 25 employees, the Wage Guarantee Fund pays 40% of the statutory redundancy pay due to workers (art. 33(8) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1424/1985);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/1986 and Royal Decree 371/1987).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provide or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.


Reforms under process
On June 16, 2010, the Royal Decree Law 10/21010 on the labour market reform was adopted [Real Decreto-Ley de medidas urgentes para la reforma del mercado de trabajo 10/2010].
The RDL is available at the following address: http://noticias.juridicas.com/base_datos/Laboral

Notes / Remarks
The information provided here under the 2010 entry for Spain reflects the termination of employment regulations up to June 2010. Amendments to the legislation brought about by the Royal Decree Law 10/2010 on Labour Market reform have been indicated in the comment boxes. The Labour Market Reform entered into force on 18 June 2010 and was modified in September 2010 following parliamentary discussion.
The final amendments to the Workers' Charter are included in the 2011 EPLex entry for Spain.



References
  • Workers' Statute (Estatuto de los trabajadores) [ET], Royal Decree 1/1995, consolidated version, as amended by Act 40/2007 with respect to social security matters (Ley 40/2007 de medidas en materia de Seguridad Social). Available only in Spanish; view website » (view in NATLEX »)
  • Labour Procedure Law [LPL], consolidated version, Royal Law Decree 2/1995 as last amended in November 2009 (Texto Refundido de la Ley de Procedimiento Laboral, Real Decreto Legislativo 2/1995, de 7 de abril). Available only in Spanish
    Date: 03 Nov 2009; view website »
Scope
Size of enterprises excluded (≤): none
Remarks:
  • There are no size-based general exclusions from the scope of the ET. However, the ET provides for small business exemptions with regard to several aspects of employment protection, as follows:
    - Probationary period: in the event the probationary period is not regulated by a collective agreement, the maximum duration is 3 months in undertakings with up to 25 employees whereas it is 2 months for workers employed in larger undertakings (art. 14 ET).
    - In the event of collective dismissals in enterprises with less than 50 workers, the consultation period with employee representatives is reduced by half (to 15 days) and there is no requirement to submit a social plan (art. 51(4) ET)
    - In the event of economic dismissal (individual and collective) in enterprises with less than 25 employees, the Wage Guarantee Fund pays 40% of the statutory redundancy pay due to workers (art. 33(8) ET).

Workers' categories excluded: civil/public servants; police; army; judiciary; prison personnel; state security corps; employer's family members; diplomats
Remarks:
  • - According to art. 1(3) ET, the following categories of workers and work are excluded from the scope of the law:
    - staff in the service of the State, local government and autonomous public entities governed by other legislation;
    - workers performing mandatory civil or community service;
    - adviser or member of the governing bodies of corporations when engaged in the execution of tasks inherent in their duties in such capacities;
    - anyone carrying out work in the name of friendship, benevolence or good neighbourliness;
    - family members engaged in family work, except if it is demonstrated that the persons doing the work have the status of wage earners; and
    - persons involved in trading operations on behalf of one or more employers, if they are personally responsible for the successful completion of the transaction and assume the risk of profit and loss.

    There are specific regulations applicable to the following workers who are considered to be under a special labour relationship (art. 2 ET):
    - high-level managers who are not advisers or members of the governing bodies of corporations (Royal Decree 1382/1985);
    - domestic workers (Royal Decree 1424/1985);
    - convicts (Royal Decree 782/2001);
    - professional sportsmen (Royal Decree 1006/1985);
    - artists in public shows (Royal Decree 1435/1985)
    - persons who take part in trading operations on behalf of one or more employers, without assuming the risk and chance associated with such operations (Royal Decree 1438/1985)
    - disabled workers (Royal Decree 1368/1985)
    - dock workers (Royal Decree law 2/1986 and Royal Decree 371/1987).

    Depending on the regulation, the ET applies either where a specific regulation expressly so provide or to supplement a regulation with regard certain aspects (including dismissal) as to which the regulation is silent.