Below, we present you a summary of those labor obligations that all companies with workers must comply with annually, which may affect you:
It is mandatory for all companies with a workforce of 50 or more workers. This is a set of measures aimed at eliminating the obstacles that prevent or hinder equality between women and men, and discrimination based on sex in both public and private companies.
Occupational Risk Prevention Plan (PRL)
Every company must design a PRL in which should be included the organizational structure, responsibilities, functions, practices, procedures, processes and resources necessary to carry out the risk prevention action in the company, in the terms that are established by law.
All companies, regardless of their size, have the obligation to implement the Protocol on sexual and/or gender-based harassment, and arbitrate specific procedures that make it possible to channel and solve cases that may arise in different organizations. It is not enough to have the document, but this protocol must also be properly implemented and disseminated in the company.
Article 2 of the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) determines that its principles apply to “any fully or partially automated processing of personal data, as well as non-automated processing of personal data contained or intended for to be included in a file”. Therefore, the application of data protection regulations in companies is mandatory in any case, since they all tend to process, among others, customer, supplier or employee data.
The General Law on Disability (former LISMI – Law for the Social Integration of the Disabled) establishes that all Spanish public and private companies with a workforce of 50 or more workers must have a reserve quota in favor of people with an equal disability or greater than 33% corresponding to 2% of the workforce. Companies may, exceptionally, be exempted from the obligation to hire people with disabilities, adopting any of the substitute measures (Contract with a special center, Donation or sponsorship and Labor enclave).
Digital disconnection protocol
The data protection law obliges companies to draw up an internal policy that defines how to guarantee the right to digital disconnection of workers after hearing the workers’ representatives. The right to digital disconnection is the right of workers not to answer video calls, emails, WhatsApp or any other type of communication outside of their working hours. It consists of respecting rest time, permits and vacations, as well as the personal and work privacy of workers.
The company must guarantee the daily record of the working day and must include the specific start and end times of the working day for each person on the staff. In the case of part-time employees, it is mandatory to also provide them with a copy of that record, along with each month’s payroll.
Salary record by gender
All companies, regardless of their size, have the obligation to keep a record with the average values of salaries, salary supplements and extra salary of the workforce, disaggregated by sex and distributed by professional groups, categories or equal jobs or of equal value.
Contract an agreement insurance, provided that collective bargaining requires it. Many labor agreements establish the obligation of companies to grant compensation to employees who may be permanently disabled or die as a result of a work accident.
The amounts are considerably large, so it is necessary to sign an insurance that protects against this risk.
Work center opening
Companies must notify the relevant Labor Authority that they have created a workplace. Likewise, they must inform if changes are made in it, such as the installation of equipment or the transfer or expansion of it.
When workers provide a service from their home or another, a minimum of 30% of the monthly working day in a reference period of 3 months, an individual agreement must be signed between the company and the worker and registered with the public employment service.
Failure to comply with these obligations may result in sanctions for the company.
If you need more information and advice in this regard, you can contact our labor department by phone +34 93 487 52 00 or email firstname.lastname@example.org, or if you prefer you can ask us your question through our form.