Practical Course on Labour Law

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Presentation and objectives

The aim of this course is to learn about the relevant aspects of the Labour Law in Castellón de la Plana, going in depth into all those special and conflictive situations that arise in this professional practice.
Aimed at

Executives, lawyers from other specialities, economists, managers... and, in general, all those professionals who, without being specialists in Labour Law, need to know the basic regulations and the problems that arise in practice.

I. Delimitation of subordinate work and sources of the employment relationship.

Characteristics of subordinate employment.
Identification of special employment relationships and the reason for each of them.
Excluded and exempt work.
Related figures: false self-employed, apprentices, etc.
Identification of the figure of the employer: subcontracting and illegal assignment of workers.

II. Sources of the employment relationship

The sources of the employment relationship: law, agreement, contract.
The acquired right or most beneficial condition.

III. The employment contract

General issues: characteristics of the contract. Capacity to contract. The form of the contract. Total and partial nullity.
Typology of employment contracts.
Permanence, exclusivity and post-contractual non-competition clauses.
Possible sanctions for fraudulent use of contractual modalities.

IV. Rights and duties of employers and employees.

Management power and its limits.
Codes of conduct.

V. Main working conditions: wages and working time

Wages and salaries
Definition of wages and the effects of the nature of wages.
The sources regulating wages: minimum wage, collective agreement wage and voluntary improvements established in the contract.
Types of wages and wage structure: basic wage and wage supplements.
Wage absorption and compensation
Social Security contributions: analysis of the concepts that present most doubts in practice (company car, mobile phone, etc.).
The salary receipt: analysis and personal income tax treatment.
Working time
Definition of working time
Calculation of the working day and cases that may raise doubts.
Ordinary working day and maximum working day. Possibility of establishing an irregular distribution of the working day.
The rest regime.
Overtime: definition. Compensation or remuneration. Maximum annual limit.
Holidays and paid holidays.
Conciliation measures.

VI. Modification of conditions

Substantial modification of working conditions
Functional mobility.
mobility.

VII. Termination of the employment contract

Disciplinary dismissal Objective dismissal
Objective dismissal Dismissal
at the employee's will.