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We remind you of the main responsibilities and obligations in labor and Social Security matters that, as an entrepreneur, you must take into account.
Worker registration
The worker's registration communications with 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 contract.
The temporary contract due to production circumstances, for unforeseeable situations or due to temporary employment mismatch, cannot last more than six months, extendable for 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 they accumulate 18 months of work in two years. Fraudulent temporary workers 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 permanent ones.
The fixed-term intermittent contract is established for seasonal or seasonal work, 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 workers are required to have at least two percent of them be people with disabilities.
Occupational risk prevention
The employer must take the legally established measures to protect the safety and health of workers. These 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 matters of occupational risk prevention corresponds to the Labour and Social Security Inspectorate and the technicians qualified in matters 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, regarding the processing of personal data of individuals.
The LOPD affects legal entities (companies, associations, foundations, etc.), individuals (self-employed workers) and public administrations. You will be subject to the LOPD whenever you have personal data (names, surnames, address, ID card, Social Security number, photographs, etc.).
Failure to comply with the regulations can result in penalties of 600 to 600,000 euros.
Workday registration
The company has the duty to guarantee a daily record of the working day, which must include the specific start and end times of each employee's working day, without prejudice to existing working hours flexibility. The record of the working day is mandatory for all employees of the company.
The draft law that will come into force this year proposes a complete transformation of the registration of the day. These are the most relevant new features:
- Workday records must be available in real time for labor inspection. This means that companies will no longer be able to submit late or incomplete records.
- The use of digital tools will be mandatory. Traditional methods such as spreadsheets or paper documents will no longer be accepted.
- Any modification to the records must be documented, including justification and traceability. This ensures greater transparency and reduces the risk of manipulation.
- Measures will be increased to ensure compliance with the GDPR, protecting employee privacy.
- The penalties will be significantly higher. Minor violations can result in fines of up to 7,500 euros per worker.
Preserve documentation
The employer must keep, for four years, the documentation, records or computer media in which the data proving compliance with the obligations regarding affiliation, registrations, cancellations or variations have been transmitted, as well as the contribution documents and receipts justifying the payment. Examples: employment contracts and additional annexes, payrolls, contribution settlement receipts, etc.
Medical leave
The obligation that the worker had to present to the company both the medical leave and the successive confirmation statements, during the first year of leave, is eliminated.
The new legal regulation obliges the general practitioner, the mutual insurance company and the Social Security collaborating company to electronically send the data of the medical leave process to the company itself. For this reason, we recommend establishing a company policy that specifies that the worker has the obligation to communicate the absence, even if he does not have to justify it.
Convention insurance
It is mandatory to take out insurance, as established by the sector's collective agreement. The subscription of this insurance must also be reflected in the workers' payrolls. Therefore, at a management level, you must provide us with the annual cost of the insurance in order to properly prepare the payrolls of your employees.
Salary register
Salary transparency involves the remuneration information for each job. All companies (both natural and legal persons), regardless of the number of workers, are required to have a salary register.
Salaries will be segregated by sex. This record will include the arithmetic mean and the average of what has actually been received by category or positions of equal value, differentiating the salary from supplements and extra-salary perceptions. We remember that the Labor Inspectorate may request this record.
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 their organization. In some cases, these measures are articulated through an Equality Plan.
Companies are obliged to develop and implement an Equality Plan in the following cases:
- If they are obliged 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 infraction punishable by fines of 626 to 6,250 euros. And remember that it must be renewed every four years.
Complaints channel
Companies with more than 50 workers must have a reporting 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 infraction committed within their work environment.
Its objective is that any employee, client 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 who want to report it.
Protocol against sexual harassment
All companies and organizations are required to promote an internal system for preventing, detecting and correcting situations of harassment and sexual harassment. This means having a mandatory workplace harassment protocol, which includes the principles and guidelines for dealing with this type of behavior, the procedure for investigating the facts and a guaranteed and confidential communication channel through which to report this type of behavior and events.
Sustainability obligations
The European Council has definitively approved the Directive on corporate due diligence in matters of sustainability, which demands responsibility from companies and requires 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 remedy adverse effects on human rights and the environment and establish liability for failure to comply with these obligations. As well as the requirement for companies to adopt and implement 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 good harmony between the personal and work lives of teams. And thus be able to take care of mental health.
All companies are required to have a digital disconnection protocol, regardless of the number of employees and area of activity.
If a Labor Inspection detects a violation of the right to digital disconnection, the company can be sanctioned with different amounts, depending on the severity, which range between 620 and 187,515 euros.
LGBTI Plan
Companies with more than 50 employees must have a plan for employment equality and against harassment and violence at work of people from the LGBTI community. The LGBTI Plan must be part of the company's protocols whether or not it has been agreed with the Works Council.
The LGTBI Plan must contain clauses on equal treatment and non-discrimination, measures for companies to contribute to their hiring, guarantees for career development and promotion, as well as training for the company's employees on raising awareness with the group and using correct and respectful language.
Likewise, they must guarantee social permits and benefits, recognize different types of families and have a regime of infractions and sanctions for behaviors that violate sexual freedom, orientation or way of expressing oneself.
If you need more information, do not hesitate to contact DATA AND SERVICES.