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We want to remind you of the main responsibilities and obligations in labor and Social Security matters that, as an employer, you must take into account.
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 production circumstances, for unforeseeable situations or due to temporary mismatch of employment, 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. Failure to comply with the regulations may result in financial penalties of 40 to 819,780 euros
Protection of personal data
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 it has personal data of people (names, surnames, address, DNI, 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 working 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 data that attests compliance with the obligations in terms of affiliation, registrations, terminations or variations have been transmitted, as well as the documents of quote and receipts supporting payment. 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 company to send electronically the data of the medical leave process 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' payrolls.
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 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 are required 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 required 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 behavior and events.
Sustainability obligations
The European Council has definitively approved the Directive on due diligence of companies in matters of sustainability, which requires companies to take responsibility and obliges them to adopt and implement 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 and establish liability for non-compliance with these obligations. As well as the requirement for companies to adopt and apply a transition plan to mitigate climate change.
Digital disconnection protocol
Being able to disconnect from work obligations outside of working hours is essential to achieve a good harmony between the personal and working life of the teams. And be able to take care of 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 between 620 and 187,515 euros.
LGBTI Plan
Companies with more than 50 employees must have, before April 10, 2025, a plan for equality at work and against harassment and violence at work for people from the LGTBI group. The LGTBI Plan must be part of the company's protocols before the established date, whether this has been agreed with the Company Committee or not.
The LGTBI Plan must contain clauses of equal treatment and non-discrimination, measures for companies to contribute to their recruitment, guarantee for the development of the professional career and promotion, in addition to training for the company's employees on awareness with the group and use correct and respectful language.
Likewise, they must guarantee permits and social benefits, recognize the different types of families and have a regime of infringements and sanctions for behavior that threatens sexual freedom, orientation or the way of expression.
If you need more information, do not hesitate to contact DATA AND SERVICES