Protected Classes Under The Spanish Constitution Essay

Protected Classes Under The Spanish Constitution Essay

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Protected classes
Under the Spanish constitution, employees have the right from being discriminated against from either intentional or unintentional actions (similar to disparate impact and disparate treatment). A result of any action seen to be intentional or unintentional discrimination by law can lead to punitive damages and fines of between 6,251 EUR and 187,515 EUR. Protected classes under employment law are: sex, civil status, age, race or ethnic origin, religion or conviction, political ideas, sexual orientation, membership or non-membership (union), and languages. Employees have the right to terminate their employment contract for any allegation of discrimination or harassment against the employer and receive severance pay and compensation under the unfair dismissal law.
At Will Employment Collective bargaining and Unions
With a union density in Spain at 20% of employed citizens, unions are gaining moment. The two major labor union federations are the Workers’ Commissions and the Workers’ General Union. Organized by profession and geographic, the labor unions conduct labor disputes, labor lobbying, and specifically collective agreements between employees and employers. The collective agreement between the employers and unions within the public and private industry are quite common. The provisions within the collective agreement are law abiding and supersede the terms within the employment contract.
Any dismissal of an employee is considered lawful if it can be shown that it was for a disciplinary, impartial to economics, technical or organizational reason that required a workforce reduction. Until recently Spanish law did not allow for dismissal unless the employee was guilty of a heinous crime and even now, most courts ...


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...Further extensions of benefits within the Spanish Statue of workers, found commonly with in the European Union, will be maternity and paternity converges. Maternity rights, available for employees who are 21 to 26 qualify for a 90-day period of leave and employees who are 26 or older qualify for a 180-day leave are legally obligated to take the paid leave immediately after birth. Both leaves are available for extend time for health concerns of the child and are equal to 100% of the monthly salary paid leave. Along with maternity, you also will be legally obligated to accommodate paternity leave of two days of paid leave and an additional 13 days of leave. A few unique features allow parent, which do not have to be married, to share maternity leave up to a maximum of 10 weeks for the father and a minimum of 6 weeks leave for the mother following birth (Practical Law).

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