SPAIN Law and Practice Contributed by: José Antonio Segovia, A&O Shearman
• A work-linked training contract, the purpose of which is to allow an employee to acquire the appropriate professional competence that corre - sponds to a certain level of study. It may not have a duration of more than two years. Working hours may not exceed 65% of the normal working hours in the first year and 85% in the second year, with no overtime, shift work or night work. The remu - neration will be adapted to the collective bargain - ing agreement (CBA) and will not be less than the minimum official salary pro rata to the working day, nor less than 60% of that which is set out in the CBA in the first year and 75% in the second year. • A contract for obtaining professional practice, which may be concluded within three years after obtaining the professional certification in ques - tion, and which will have a duration of between six months and one year. The remuneration shall be that provided for in the CBA for the job position, unless specifically provided. Fixed-term employment becoming indefinite Employees who, over a period of 24 months, have been contracted for a period of more than 18 months, with or without interruption, for the same or for a different job within the same company or group of companies, through two or more contracts due to production circumstances, either directly or through their provision by temporary employment agencies, will acquire the status of permanent employees. This provision will also apply when a transfer of undertak - ings occurs in accordance with legal or conventional provisions. Likewise, a person who has occupied a job, with or without interruption, for more than 18 months in a period of 24 months through contracts due to produc - tion circumstances, including secondment contracts entered into with temporary employment agencies, will acquire permanent status. Formal Requirements Specific information must be included in a contract of employment, such as: • the identity of the parties; • the initial date of the employment relationship; • the registered office of the company;
• the place of work; • the applicable CBA; • the employee’s professional group; • remuneration; • hours of work; • probationary period (if any); and • holiday entitlement. 1.3 Working Hours Maximum Working Hours and Flexible Arrangements
The weekly maximum working time is 40 hours. How - ever, this maximum may be reduced by an applicable CBA or in an employment contract. As a general rule, daily working time cannot exceed nine hours unless a longer duration is provided for in a CBA. Currently there is a draft bill through which the Span - ish government plans to reduce the standard work - ing week to 37.5 hours. The proposal was recently approved by the Council of Ministers and is expected to come into force during the second half of the year. Both employers and employees must comply with the minimum rest periods: • a minimum of 12 hours between working days; • one and a half days uninterrupted per week; • 14 bank holidays; and • 30 calendar days of vacation per year. Companies may agree with workers’ representatives on an irregular distribution of working hours. Part-Time Employees Part-time employees cannot work overtime, but they can sign a complementary-hours agreement. Overtime Those hours worked over the maximum duration of ordinary working hours shall be considered overtime, which must be compensated with time off or payment in cash. The number of overtime hours may not exceed 80 per employee in a year. Overtime hours compensated with time off in the subsequent four months do not count
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