92
90
87.5
Access to Decent Work
40
100
80
100
100
100
100
100
100
100
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §1, 11(1-2), 26(3), 27 & 31 of the Workers' Statute, 2/2015; §5 & 40 of the Royal Legislative Decree No. 5/2000 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §26 & 29 of the Royal Decree No. 2/2015 enacting the Worker's Statute | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | No | 0 | §35(1) of the Royal Decree No. 2/2015 enacting the Workers' Statute | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §35(1) of the Workers' Statute, 2/2015; §47 of Royal Decree 2001/1983 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §36(1-4) & 34(7) of the Workers' Statute, 2/2015; §26 of the Law No.31/1995; Royal Decree 1561/1995 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §34 & 35 of the Workers' Statute, 2/2015 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §35(2) of the Royal Decree No. 2/2015 enacting the Workers' Statute | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §34(3, 4 & 7) and 37(1) of the Workers' Statute, 2/2015 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §37(2) of the Workers' Statute, 2/2015; Resolución de 16 de octubre de 2018 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §38(1-2) of the Workers' Statute, 2/2015; §9(7) of the Royal-Decree 1620-2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §8-16 of the Workers' Statute, 2/2015 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §15(1b) Workers' Statute, 2/2015; Law 35/2010 of 17 September 2010 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §14 of the Workers' Statute, 2/2015 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §51(1), 53(1c), 54 & 55 of the Workers' Statute, 2/2015 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §33(8), 49(1c), 51-56, 49(1c) and Thirteenth Transitory provision of the Workers' Statute, 2/2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §46(3) & 13th Transitory provision, Workers' Statute, 2/2015; Act 26/2015 on Parental leave; Royal Decree-law 6/2019 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §2(18) & 3(4) of the Real Decreto-Ley Núm. 6/2019 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §37(4) of the Royal Legislative Decree 2/2015 enacting the Workers' Statute | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §37(4) of the Workers' Statute, 2/2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §8 of the Organic Law 3/2007 of 22 March for Effective Equality between Women and Men | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §48(4) & 37(4bis) of the Workers' Statute, 2/2015 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §7, 86 & 133 of the Royal Decree No. 1/1994 on Social Security General Act; §3- 4 & 8 of the Royal Decree No. 295/2009 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §7, 86 & 133 of the Royal Decree No. 1/1994 on Social Security General Act; Royal Decree No. 295/2009 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §45(1d), 48(4), 53(4a, 4b & 4c.) & 55(5a & 5b) of the Workers' Statute, 2/2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §17, Law 31/1995 of 8 November on Prevention of Occupational Risks; §3, Royal Decree 773/1997 of 30 May on PPE | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §19(4) of the Workers' Statute, 2/2015; §18 & 19 of the Law 31/1995; §8-10 of the Royal Decree 773/1997 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §26, Act No. 31/1995; General Law on Social Security 2015; §48(5), Workers' Statute 2/2015 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §201-203 of the General Law on Social Security, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §204-215 of the General Law on Social Security, 2015 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §216-234 of the General Law on Social Security, 2015 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Royal Decree No. 625/85 of 2 April 1985; General Law on Social security, 2015; Royal Decree-Law 8/2019 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §169-176 of General Law on Social security, 2015 | Score adjusted due to a minor revision in methodology |
| Does the law provide for invalidity benefits? | Yes | 1 | §193-201 of General Law on Social security, 2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §2, 28 (1,2 & 3) of the Workers' Statute, 2/2015 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §4(2e) & 54 (2g) of the Workers' Statute, 2/2015; §7 of the Organic Law 3/2007 for effective equality; §184 of the Penal Code, 1995 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §35(1) of the Spanish Constitution; §4(2)(c), 17, 28, 53(4), 55(5) & 68(c) of the Workers' Statute, 2/2015 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §45 and 46 in the drafting by Royal Decree-Law 6/2019; §4(1)(a) of the Workers' Statute, 2/2015; §35 of the Spanish Constitution | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Title IV of the General Law on Social Security 2015; Self-employed Workers Statute, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §6(1 & 4) of the Workers' Statute, 2/2015 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §17 of the Organic Law on the General Organization of the Educational System, 1/1990 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §6(2-3), 7, 34(3-4) & 37(1) Workers' Statute, 2/2015 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §173, 177-bis& 312 of the Penal Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §7 & 28 of the Spanish Constitution 1978; Freedom of Association Organic Law (11/1985); Workers Statute, 2/2015 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §4(c) of the Workers' Statute, 2/2015; Ley De Creación Del ConsejoEconómico Y Social 1991 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §28 of the Spanish Constitution 1978; §4(1e) of the Workers' Statute, 2/2015; Royal Decree 17/1977 of 4 March, 1997 on labour relations | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §4(e) of the Workers' Statute, 2/2015; Royal Decree 17/1977 of 4 March, 1997 on labour relations | No Change |