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LABOUR RELATIONSHIPS

SUMMARY I. - LABOUR RELATIONSHIPS 1. - LABOUR RELATIONSHIP: DEFINITION 2. - CHARACTERISTICS OF THE LABOUR RELATIONSHIP 3. - SPECIAL LABOUR RELATIONS 4. NON-LABOUR RELATIONS II. - LABOUR CONTRACTS 5. - LABOUR CONTRACT: DEFINITION 6. - WORKERS CAPACITY 7. - THE FORM OF THE CONTRACT 8. - THE DURATION OF THE CONTRACT 9. - TRIAL PERIODS/ PROBATIONARY PERIOD 10. - GIVING THE RIGHT INFORMATION TO THE WORKERS III. TYPES OF LABOUR CONTRACTS 11. - WORK CONTRACTS: MODELS AND INCENTIVES 11.1.- FORMATIONAL CONTRACTS 11.2.- INTERNSHIP CONTRACTS 11.3.- TEMPORARY CONTRACTS 11.4.- PERMANENT CONTRACTS TO SUPPORT ENTREPRENEAURS 11.5.- PART TIME JOBS

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VOCABULARY Relationship Contract Capacity Form Duration Trial Probationary Formational Internship Temporary Task Boss Wage/salary To force To happen Polling station To carry out Benefit To bill To turn over To charge To serve Instead of In exchange of Successful Therefore Relative To provide To be able to For instance Juvenile To demand Intership contract Permanent To check Profile To expect The bonuses To end Starting date Extra wages
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relacin contrato capacidad forma duracin prueba prueba Formacin Prcticas Temporal tarea jefe paga/salario obligar ocurrir elecciones realizar beneficio facturar devolver cargar server en su lugar, en lugar de a cambio de exitoso por tanto pariente proporcionar poder por ejemplo adolescente demandar (exigir) Contrato en prcticas permanente comprobar perfil esperar (suponer) las pagas extras finalizar da de comienzo pagas extras
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Working time Vacation To schedule To apply Proper Target Trade Disable person Full time job Part time job Formative courses Unemployed To increase Date Intern To replace Replacement Compensation Service or skill

jornada laboral vacaciones programar aplicar adecuada-o diana (objetivo) oficio persona discapacitada trabajo a tiempo completo trabajo a tiempo parcial cursos formativos desempleado aumentar fecha el contratado en prcticas sustituir sustitucin indemnizacin obra o servicio

I. - LABOUR RELATIONSHIPS 1. LABOUR RELATIONSHIP: DEFINITION A labour relation is a relationship between an employer and an employee. The worker must do a task, his or her job, following the orders of the employer. The boss must pay a wage or salary for that job.

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2. - CHARACTERISTICS OF THE LABOUR RELATIONSHIP A labour relationship must have these four characteristics: 1- VOLUNTARY RELATION The worker does the job freely, that is, the labour relationship is not valid if the worker is forced to work. For example this happens when a citizen is called to participate in a polling station before a municipal, regional or national election. He has to go but it doesnt mean that his job is in fact a real labour relationship. 2- WORK FOR SOMEONE This means that the result of the job carried out by the employee is not for the worker himself, but for the employer. The benefits of the work dont go to the workers but to the employer. For example, a worker that goes to a house to repair a washing machine, once he has finished the job he bills the client for the work completed. The worker then has to turn over the money to the company he is working for. A waiter who charges for the meal he has served does not keep the money for himself, but instead he must give it to his boss. 3- REMUNERATED RELATION The worker carries out a job in exchange for a wage or a salary, it does not matter if the company is successful or not. Every one works for money. 4- DEPENDENT RELATION When you work in a company you must follow the orders of your boss. The worker is forced to carry out a task following the orders of the employer; the worker must obey the boss and therefore, he must do the job the way the boss orders, at the time and place said by the boss. EXERCISE N# 1 Look at the following words and put them into two groups. Group A should be related to the person who is looking for someone to work in his company and group B should correspond to those people who are looking for a job. Choose from the following words: Employer, worker, employee, boss, company, legal guardian, entrepreneur, and enterprise.
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GROUP A --------------------------------------------EXERCISE #2

Labour Contract

GROUP B -----------------------------------------------------------

Place the following rights and/or duties into one of the following columns: Salary, job, follow boss orders, the money from a restaurant bill, work safety conditions, being promoted at work, overtime and bonuses. Some answers may fit into multiple columns.

Employer / Company
Duties Rights

Worker
Duties Rights

3. - SPECIAL LABOUR RELATIONS There are some labour relations that are special labour relations. The reason is that they have specific characteristics. Therefore they have a special law that regulates them. Let us see some of them: - Upper level Managers. - Domestic Services. - The work done by inmates in prisons. - Professional athletes
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- Artists

4. NON-LABOUR RELATIONSHIPS Some relationships lack one or several characteristics of the typical labour relation. Lets take a look at some of them: - The relationship between the state and its civil servants is not a normal labour relationship. It is an administrative relationship regulated by another legal law: The Law of Public Function. - The work that people do to help a friend, a neighbour or a relative that have a business. - The work that one spouse does for the other, or for other family members. EXERCISE N# 3 Can you say what kind of relationships are these?

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II. - LABOUR CONTRACTS 5. LABOUR CONTRACT: DEFINITION

This is an agreement between an employer and a worker. The worker must provide a service for the employer. The employer must pay the worker a salary or a wage.

6.-WORKERS CAPACITY The workers have the capacity to sign a contract by themselves when they are 18 years old. They are able to sign it when they're 18 years old. If they are between the ages of 16 and 18, they need their parents consent to sign the contract. In Spain you are not able to work if you are under 16 years old. If a teenager is under 16 years old he cant work.

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For instance, Rosemary is 19 years old; she can sign a contract for herself. She is of age. Christopher is 17 years old; he is a minor or under age; he is a juvenile. 7. - THE FORM OF THE CONTRACT A working contract can be verbal or written. Most of the contracts are written. However, if a worker is going to work for four weeks or a shorter time it is not necessary to sign a contract.

These are the contracts that the law says that must be written: contracts for work practice and for training part-time contracts fixed but discontinuous work (seasonal work) for changes of personnel, contracts for housework, contracts for insertion, temporary contracts, etc...
Permanent Contract to support entrepreneurs Working from home

Workers have the right to demand a written contract at any time they are in the company. Let me show you an example of a similar contract in the U.S.A. which is called Internship contract:
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http://www.idealist.org/if/as/Internship 8. - THE DURATION OF THE CONTRACT A work contract can be permanent or temporary, (in cases where it is legally permitted). 9. - TRIAL PERIODS/ PROBATIONARY PERIOD
A trial period is the time during which your character and abilities are tested to see whether you are suitable for work or for membership.(www.thefreedictionary.com ).

The law says that if you are working for a trial period it must be clearly written in the contract. During this time the employer may check if the employee meets the professional profile that he was looking for. At the same time, the worker may test, as well, the job to see if it was what he expected. There are two different situations: - Six months for specialized workers, - or two months for the rest of workers. During the trial period, the workers have the same rights and benefits as any other regular worker of the company. That means the employer must pay the salary, the Social Security and the bonuses. During the trial period the employer can end the relationship at any time.

Now with the new permanent contract to support entrepreneaurs the companies with less than 50 workers can offer a trial period of up to one year

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If a worker is sacked during that time, he will not have any compensation at all. (when a worker is dismissed, that is when the boss asks you to leave the company, to go away forever). 10. - GIVING THE RIGHT INFORMATION TO THE WORKERS The employer must give a copy of the contract to the workers. However this situation doesnt happen very often. In this case the employer must give a written document with the following characteristics: The name of the worker and the employer. The starting date of the working relationship. The address of the main office of the company. The professional classification of the task done by the worker, or a summary of the same, explained so that the specified details of the work are obvious. The salary and any extra wages, as well as the times of payment. The working time. The numbers of day of vacation time and when it can be scheduled or taken. The Collective Agreement that must be applies to the working relationship. III. TYPES OF LABOUR CONTRACTS 11.-. WORK CONTRACTS: MODELS AND INCENTIVES We are going to look at a few of the most important labour contracts: - Formational Training Contracts - Internship Contracts - Temporary Contracts

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11.1. - FORMATIONAL CONTRACTS/ TRAINING CONTRACT - Who is allowed to sign this contract? Young people between 16 and 25 years. When the unemployment rate is more than 15%, people between 25 and 30 years will be able to sign this type of contract. If the worker is disabled there is no age limit.

- How long can this contract last? Between one and three years. - How is the working day?. The worker may sign a part-time job or a full time job. Part of the woking time has to be in a training course, meaning that the worker has a time for training and time to work.

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- If you agree with the employer to be in a trial period, it must not exceed two months. - The employee will receive a salary for the time actually worked and can never be less than the National Minimum Wage acording to the time really worked. - At the end of the contract, the employee is not entitled to any kind of compensation. 11.2.-INTERSHIP CONTRACTS - Who can sign this kind of contract? Young adults who have a degree (University, vocational/technical school degrees) can sign them. The worker can put into practice his/her studies within five years since he/she finished his/her studies. If the person is disabled, the limit increases to a maximum of 6 years after the date in which the studies were completed.

A worker can sign this contract between 6 months and 2 years. The work week may be full time or part time. In this kind of contract the trial period is different. That is, if the worker is a specialized one the trial period wont be longer than two months. In the rest of the cases the trial period will only be a month. Interns will be paid depending on the established collective agreement. 11.3. - TEMPORARY CONTRACTS The worker can have a permanent contract or a temporary contract.
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That is, the worker can sign a contract with a determined period of time, for example, a six month contract. A temporary contract must be written. These are the possible situations: a) When the company needs to replace a worker on leave (illness, injury, or other legal reasons). The replacement worker can do the job until the worker on leave returns. At the end of the contract the replacement worker will not have a right to any type of compensation. b) When a company has an accumulation of work or a delay for any reason. The worker will not work more than a total of 6 months in a 12 month period. At the end of the contract the worker has the right to receive compensation for 8 days of salary for one year of work.

c) When a company needs a specific service or skill. In this case the duration of the contract will be determined for the time needed to complete the job or service. At the end of the contract the worker has the right to receive compensation for 8 days of salary for one year of work. d) When a company is in the process of selecting someone to cover a vacancy within the company. http://www.mtas.es/Guiaingles2006/texto/guia_4.htm With the last labour reform, the employer can ask the worker to be temporarily employed by the company without a time limit, as long as the employer needs them. That is, the worker can sign a contract for 3 months, then they can sign another for 6 months, then another and so on, indefinitely.
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Before the labour reform, the law (el Estatuto del Trabajador) established a limit on the number of months a worker could be working on a temporary contract: 24 months as the maximum. EXERCISE #4 1 Give the correct translation for the following phrases by copying and pasting from the English phrases below: -TO SIGN A CONTRACT -BREAK A CONTRACT -EXTEND A CONTRACT/LENGTHEN A CONTRACT -AGREE ON A TRIAL PERIOD OF -GIVE A COPY OF THE CONTRACT TO THE WORKER -BREACH OF CONTRACT/NON-COMPLIANCE WITH THE CLAUSES OF A CONTRACT -READ BEFORE SIGNING -PARTS INVOLVED IN A CONTRACT -LEGAL REPRESENTATIVE SIGNING ON BEHALF OF A MINOR -REQUIRING AUTHORIZATION OF A PARENT OR GUARDIAN -NOT BEING CAPABLE OF SIGNING A CONTRACT INCUMPLIR UNA CLAUSULA DAR UNA COPIA DEL CONTRATO CONTRATO TRABAJADOR ROMPER UN CONTRATO DEL AL

NO ESTAR CAPACITADO PARA FIRMAR UN CONTRATO PRORROGAR CONTRATO DE FIRMAR UN CONTRATO UN

PARTES DEL CONTRATO PACTAR UN PERIODO PRUEBA DE NECESITAR PATERNA

AUTORIZACION EL REPRESENTANTE FIRMA EN NOMBRE DEL MENOR

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LEER EL CONTRATO ANTES DE FIRMARLO

EXERCISE #5 From a legal point of view, write true or false next to the sentences: 1- I can sign my own contract because I am 17 years old and Im an adult. 2- I am 18 years old, but I live with my parents so I need their authorization to enter into a contract. 3- I have signed a contract without a trial period. During the first month, I have been sacked/fired because I didnt fit the profile that the employer was looking for. The employer says that this is legal. 4- I have been working for six months and I have just received my severance pay (finiquito). In this document, my boss says that my fifteen-day trial period does not count. (As if I had been working five months and fifteen days). EXERCISE #6 Translate the following scenario into Spanish A young person is going to sign a contract with a restaurant in the Costa del Sol for six months. He wants to know the following: - Is it necessary to have a written contract? - Should the time period that he will work be mentioned? Should the contract also include a work schedule? EXERCISE #7: (VOLUNTARY EXERCISE) Questions in English/ Translate into English: -Yo trabajo para una empresa que tiene 12 trabajadores -Yo soy autnomo -En el organigrama del restaurante aparecen varios departamentos -Tengo contrato / he firmado un contrato de trabajo -Yo cobro en negro -Mi jefe es muy duro, le gusta que las cosas se hagan bien hechas/ que el trabajo se haga bien hecho
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-En mi empresa se respira un buen ambiente de trabajo; hay un buen ambiente Translate the next comic into Spanish:

REVIEW EXERCISES 1. A: What are the main characteristics of the labour contract? Underline the correct answer: -It is a voluntary Relationship -You work for free -You do the job in your own way, ignoring the boss orders -You share company profits with the employer B: If you think that some of the characteristics of the labour contract have been omitted, please write the ones that are missing in the above exercise. 2. Look on the internet and find information about the labour conditions in the USA during the end of the nineteen century. : (VOLUNTARY EXERCISE) http://en.wikipedia.org/wiki/The_Jungle 3. Check out the following scenarios and decide if they are special labour relationships, relationship excluded from the labour relationships or a proper labour relationship: A) Luis helps his mother in their family business. He goes to the restaurant from time to time to give her a hand. When he does, his mother offers him lunch or dinner, depending on the time of day.
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B) Antonio Lpez, who is a professional swimmer, is part of a local swimming club. He practices several hours a day. His club goes to all provincial and national competitions. He has to respect the schedule the club has established and the club pays him a salary. C) Jesus Marn is an inmate working in prison. He has a schedule to fulfil and he gets some money from his work. D) Enrique is a volunteer doctor who goes to Kenya every summer (from June 1st to the end of October). He belongs to Doctors without Borders an NGO (a non-governmental organization). E) Mary works for a family. She cleans their house and takes care of the garden. 4. 1 Using the internet, look up information about Fundamental Rights and Public Freedoms from the Spanish Constitution (in English) that are related to labour law. 4.2- Write a complete definition of the labour contract using the elements given below: (VOLUNTARY EXERCISE)
PAY A SALARY

EMPLOYER

WORKERS

DO A JOB

5. Look at the comic and write what kind of relationships are described in the pictures

6. Try to make your own toondoo describing a relationship that you have already learned
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IMPORTANT WEBS: https://www.gov.uk/ https://www.gov.uk/employment-contracts-and-conditions ATTENTION: severance pay or severance package settlement to setlle finiquito finiquito finiquitar, acabar

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