Establishment and Termination of Employment Relationship Standardization Act 2022

Spain

ESTABLISHMENT AND TERMINATION OF EMPLOYMENT RELATIONSHIP STANDARDIZATION ACT

Proposed by Premier Commissioner Sofie Čikarová (Czech Slavia) :: Passed (7-0-2), January 9th, 2022 :: Unamended

PREAMBLE

This act shall standardize the processes of establishment and termination of a Employment Relationships across the member states of the European Union to protect the rights of the working people, namely the right to work.

SECTION I. - ESTABLISHMENT OF EMPLOYMENT RELATIONSHIP

I. An Employment Relationship is established by an Employment Contract between an employer and each and every of its individual employees.
II. An Employment Contract shall, at a minimum, include:
       (i.) Time limit of the employment contract;
       (ii.) Content of work;
       (iii.) Labor protection and labor conditions;
       (iv.) Labor remunerations;
       (v.) Rules;
       (vi.) Conditions for the termination of the employment contract.
III. An Employment Contract shall be agreed upon in writing.

SECTION II. - TRIAL PERIOD

I. Where a trial period is agreed, it may not be longer than:
(i.) three consecutive months from the date when the employment relationship commences;
(ii.) six consecutive months from the date of commencement of the employment relationship where it concerns a managerial employee.
II. A trial period may not be longer than one half of the agreed period of the employment relationship.
III. A trial period shall be agreed upon in writing.

SECTION III. - TERMINATION OF EMPLOYMENT RELATIONSHIP

I. An Employment Relationship is terminated by termination of an Employment Contract
II. A fixed-term Employment Contract terminates on the expiry of the agreed upon period.
III. Upon the death of an employee, the Employment Contract shall be terminated.
IV. An Employment Contract may be terminated by an agreement reached between the employer and their employee.
       (i.) An agreement on the termination of an Employment Contract shall be made in writing.
V. An employee may terminate the Employment Contract, by giving their employer a notice of termination in written form at least 30 days in advance, for any reason or without stating a reason.
VI. An employee may immediately terminate the Employment Contract, by giving their employer a notice of termination in written form, only if according to a medical certificate they cannot perform their work any longer without a serious threat to their health.
VII. An employer may terminate an Employment Contract by giving their employee a written notice of termination at least 30 days in advance, only for any of the following reasons:
       (i.) the employee can neither take up their original job(s) nor any other kinds of new job(s) assigned by the employer after completion of medical treatment for their diseases or injuries not related to their work;
       (ii.) the employee does not meet the requirements prescribed by statutory provisions for performance of the agreed upon work, through no fault on the employer's side, and the employee has not rectified the failure to meet the said requirements at least 12 months after receiving a call, in a written form, by the employer to rectify this failure;
       (iii.) the employer's undertaking, or its part, is about to be closed down.
VIII. An employer may terminate an Employment Contract by giving their employee a written notice of termination at least 30 days in advance and after consultation with labor union(s) representing the employees only if the employer's undertaking is at the brink of bankruptcy.
       (i.) Every labor union that represents any of the employer's employees shall be involved in the consultation process.
       (ii.) In a case when the employees are not represented by any labor union, the employer must consult the situation with all employees, who shall, in such a case, represent themselves in the consultation process.
       (iii.) If the employer starts hiring new employees in a period of twelve months after terminating an Employment Contract with their employee(s) for this reason, the employer shall first hire the employee(s) whose Employment Contract was terminated for this reason, if they apply for the job(s).
IX. An employer may immediately terminate an Employment Contract, by giving their employee a notice of termination in a written form only for any of the following reasons:
       (i.) the employee is proven to be unqualified for employment during their trial period;
       (ii.) the employee has breached some rule that was agreed upon by the Employment Contract, or has neglected their work performance in an especially gross manner;
       (iii.) the employee has been sentenced, under an official verdict, with a criminal offence to a term of unconditional imprisonment.
X. An employer may not terminate an Employment Contract in any of the following circumstances:
       (i.) the employee is pregnant;
       (ii.) the employee is on a parental leave;
       (iii.) the employee has totally or partially lost the ability to take-up their jobs due to occupational diseases or work-related injuries;
       (iv.) the employee is receiving treatment for diseases or injuries during a prescribed period of time.