These are your responsibilities as an entrepreneur

We want to remind you of the main responsibilities in employment and Social Security that, as an employer, you need to take into account:

Worker discharge. Communications of the worker's affiliation with Social Security must be made prior to the start of the activity.

Remember that the worker will be registered from the moment you receive a DATA and SERVICES message stating that, in fact, the worker has been registered with the Social Security System.

Temporary contracts. As a general rule, all contracts must be indefinite. Exceptionally, the law provides for the possibility of hiring temporary workers in the following cases:

• For the performance of a specific work or service.
• When required by market circumstances, accumulation of tasks or excess orders.
• To replace workers with the right to reserve a job.
• People with disabilities. Companies with a workforce of 50 or more are required to have at least two percent people with disabilities.

Occupational risk prevention . The employer must take the legally established measures to protect the safety and health of workers. Basically these:

• Occupational risk prevention plan and risk assessment.
• Planning prevention activities.
• Information, consultation and participation of workers.
• Training of workers.
• Health surveillance and control.

The inspection function in matters of occupational risk prevention corresponds to the Labor and Social Security Inspectorate and to the technicians qualified in matters of occupational risk prevention of the Generalitat de Catalunya. Failure to comply with regulations on occupational risk prevention 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 for the Protection of Personal Data (LOPD) with regard to the processing of personal data of individuals. The LOPD affects legal persons (companies, associations, foundations ...), individuals (self-employed workers) and public administrations. You 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 may result in penalties of 600 to 600,000 euros.

Registration of the working day. The company has a duty to guarantee the daily registration of the working day, which must include the specific start and end times of each employee's working day, without prejudice to the existing flexible hours. 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 or the records or computer media in which the corresponding data have been transmitted that accredit the fulfillment of the obligations in the matter of affiliation, affiliations, terminations or variations that, if where applicable, in relation to these matters, as well as the contribution documents and receipts justifying the payment. Examples: employment contracts, and additional annexes; payroll; contribution settlement receipts ...

Medical leave. We remind you that it is mandatory to notify us of the sick leave of the workers in order to properly make the payroll and social insurance.

Agreement insurance. It is mandatory to take out insurance, in accordance with the provisions of the collective agreement in your sector. The underwriting of this insurance must also be reflected in the payroll of the workers. 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.

Salary record . Wage transparency implies the remuneration information of each job. All companies (both natural and legal persons), regardless of the number of workers, are required to have a salary register. Wages will be segregated by sex. This record will include the arithmetic mean and the average of what is actually perceived by category or positions of equal value, differentiating the salary from the supplements, the 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, in order to avoid any kind 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 implement an equality plan in the following cases:

• If they are obliged by their own collective agreement.
• When the labor authority, following a sanctioning procedure, has agreed to replace the sanction with the implementation of an equality plan.

They must have equality plans from:

• March 7, 2020, companies from 151 to 250 workers.
• March 7, 2021, companies from 101 to 150 workers.
• March 7, 2022, companies from 50 to 100 workers.

Failure to comply with this obligation constitutes a serious offense punishable by fines of 626 to 6,250 euros.

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