FORMACIÓN Y ORIENTACIÓN LABORAL BILINGÜE

Mª Isabel Pérez Ortega
En este documento se presentan cuatro unidades didácticas en inglés para los Ciclos Formativos de Grado Superior. La primera unidad está dedicada a los tipos de normas laborales y a las instituciones administrativas que pueden elaborarlas. La segunda unidad está dedicada a los tipos de contrato laboral

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Mª Isabel Pérez Ortega http://folbilingue.blogs pot.com

y sus características. La tercera unidad didáctica está dedicada al salario y los distintos conceptos salariales y no salariales que el trabajador puede cobrar. La cuarta unidad está dedicada a la jornada laboral del trabajador.

12/09/2011

FORMACIÓN Y ORIENTACIÓN LABORAL BILINGÜE

UNIT ONE
INTRODUCTION TO THE LABOUR LAW Let´s talk about rights and Law.

You have rights and you have duties. For example, you have the right to work, the right to be promoted, the right to have a salary for your job. You have the right to have rests and you also have many duties related to your job (Ex. you always have to obey the employers orders). All your labour rights and duties are gathered in the Law.

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SOURCES OF THE LABOUR LAW
In the field of Law, we have to distinguish: -The rules: the law, an international labour treaty, etc... - The institutions that make those rules: the parliament, the government, etc...

EXERCISE 1# Place the following examples of material and formal sources into the appropriate columns: European Union, Spanish Constitution, Collective Agreement, Spanish Society, European Community Legislation, Parliament, Law, Trade Unions, Employers Association Institutions that make rules Tipes of rules

EXERCISE 2# A worker is doing his job in a hotel; he says the company does not respect his rights. Here you have a possible list of rights; you will have to underline which ones are recognized labour rights:
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A) The right to eat whenever I am hungry. B) The right to start my job whenever I wish. C) The right to have the break that the Collective Agreement has established. D) The right to be paid on time. E) The right to say whatever I think. F) The right to say “no” when being asked to do extra work. EXERCISE 3# Match these terms with the appropriate definitions:

RIGHT LAW

. Individual Rights . Rules of a government or society . Fair . Regulation

EXERCISE 5# Fill in the blank with either Law(s) or right (s): A) When I am eighteen years old I will have the ___________ to vote. B) An illegal immigrant does not have the same ___________ as a legal one. C) Labour _________ is a set of rules that regulates the relationship between an employer and an employee. D) The age of Majority is regulated by Civil ________.

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UNIT TWO
LABOUR RELATIONSHIP: DEFINITION A labour relation is a relationship between an employer and an employee. In this relationship, the worker must do a task, his or her job, following the orders of the employer and the boss must pay a wage or salary for that job.

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.
GROUP A --------------------------------------------EXERCISE #2 Place the following rights and/or duties into one of the following columns:
Labour Contract

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

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.
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Employer / Company D duties Rig Rights

Wo

worker Rig Rights

Dut Duties

II. - LABOUR CONTRACTS 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.

WORKER´S CAPACITY When is a worker allowed to sign a labour contract by him/herself? The workers have the capacity to sign a contract by themselves when they are 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 can´t work, it is forbidden.

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For instance, Rosemary is 19 years old; she can sign a contract for herself. She is allowed to do it. She is of age. Christopher is 17 years old; he is a minor or under age; he is a juvenile. 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 period of time it is not necessary to sign a contract.

Answer these questions: 1. - Who are the two parts that have to sign the labour contract? 2. - The labour contracts can be oral and __________ and permanent or _________?
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REVIEW EXERCISES I. - Match the characteristics of the labour relationship and their meanings:
I FREELY GO TO WORK REMUNERATED RELATIONSHIP THE RESULT OF MY JOB IS FOR SOMEONE ELSE VOLUNTARY RELATIONSHIP I MUST BE PAID FOR MY WORK DEPENDENT RELATIONSHIP I MUST FOLLOW THE BOSS´ ORDERS TO WORK FOR SOMEONE ELSE

II. - Read these sentences, study the situations and underline the correct one (true or false): 1. - A relationship is considered a labour relationship when it has one of the main characteristics that are mentioned above: true false

2. - The special labour relationships are special because they don’t have one of the characteristics of the labour relationships: true false

3.-The special labour relationships have their own specific regulations: true false 4. - Domestic Service is an example of special labour relationship: true false 5. - There is a labour relationship when a son gives a hand to his father at the Restaurant that he owns: true false

6. – There´s a special labour relationship when she gives a hand to her boyfriend: true false 7. - There is a special labour relationship between the State and a Civil Servant: true false false

8. – All labour contracts must be written: true

9. - A worker who hasn´t signed a contract and is already working, can ask for a written contract at any time: true false
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10. - Labour contracts can be permanent or temporary: true

false

III. - Can the following people sign their own labour contract in Spain? (Yes, he or she can/No, she or he can´t) a) A 14 year old child: b) An eighteen year old teenager: c) A teenager who is 17 y.o. and lives by himself; he is economically independent: d) A teenager who has been legally emancipated: IV. – Read carefully the next scenario and then answer the questions that can appear in labour contracts:

Luis Jimenez Ruiz is going to work as a waiter for “La Kañada Restaurant “. The legal representative is Antonio Pérez Martínez. He will start the job on July 1st 2011, and the contract will finish on December 30th 2011. The Restaurant is located on C/ Los Rios 6, Málaga 29001. His gross salary will be 1.301€, which will be given on the 29th of each month. He has an 8 hour work day and 30 calendars day holiday. The Collective Bargaining that applies is the Convenio Colectivo de Hostelería.
1. - Identify the worker, the employer and the legal representative (write down their names) 2. - The starting date of the labour relationship 3. - The address of the main office of the company 4. - The professional classification 5. - The salary and the time of payment 6. - The work day and the vacation time 7. - The Collective Agreement that is applied

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UNIT 3
1. - DEFINITION OF A SALARY Section 25 of the Spanish Constitution says that all the Spanish people have the right to a sufficient income to satisfy their needs and the needs of their families.

The Statute (E.T.) gives a definition of salary/wage in the section 26.1: “all type of payments either in cash or in kind that the worker receives to

do his job as an employee”.

Let´s see some examples of payment in cash: checks, cash, direct deposits, or bank transfers. And now, let´s see some examples of Payment
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in kind:

free rent, a company car, a company cell phone, or time-shares

including free stays at company vacation houses. The Law establishes a limit to the payment in kind: it cannot exceed 30% of the total amount of money received by the worker. For example: a worker will receive in cash 900€ and a free rent of the flat he lives in. Imagine the rent is 450€. This situation would not be correct from a legal point of view. However if his salary is 1.500€ and the rent is 450€ it would be correct. Now that you have seen what a salary may be, let´s see some payments that the law says they are not considered a salary: the compensation and

expense payments to the worker.
2. THE STRUCTURE OF THE SALARY

The law states what makes up the salary of the workers:

BASE SALARY: The fixed remuneration per hour, per day, per week, according to the professional category.

Base Salary Complementary wages Other payments
OTHER PAYMENTS: tools, km, food, uniform, etc… COMPLEMENTARY WAGES: incentives, bonuses, seniority, shares in company, profits, etc.

REVIEW EXERCISES 1. Complete the following sentences using the following terms: payslip, date, place, complementary wages, cash, kind, payment in advance, government. A. The salary of a worker usually includes the base salary, the _______________ __________ and the non complementary wage.
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and

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B. A worker can be paid in_____________ or in _________________. C. The worker must receive his salary on the _________ and ________ agreed. D. The worker received a _________________ which reflects all the payments owed. E. If I have already worked 20 days during a month, I may ask for a ____________ ____ _____________ if I need the money to face some expenses as long as I ask for it properly. F. The Gross Salary is the salary of the worker_________ (before/after) the deductions. G. The Net Salary is the salary of the worker

_______________(before/after) the deductions. H. The worker has to (agree/sign)__________________the contract and afterwards he´ll receive a copy. I. The workers can receive the money in_____________, in

a_____________, by means of transference... J. the Minimum Inter-professional Wage is established by

the______________ every year. It is the same amount of money for all workers without distinguishing because of the age. 2. Link the following payments with its proper economic concept
- The payment of the rent for the company - An incentive for production - A company cell phone - A company laptop - Some shares in companies - Working in shifts - Night work - Travel pay NON COMPLEMENTARY WAGES COMPLEMENTARY WAGES BASE SALARY

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- Hazard pay - Food pay - Accomodation pay

3. Write three examples of a complementary wage and three others for non complementary wages. A. B.

4. Write if the following sentences are true or false: A. The minimun inter-profesional wage is different according to the profesional category of the worker: ________ . B. The worker can only receive money from his job: __________. C. The company gave me a laptop as part of my salary; this is an example of payment in cash: ______________ D. The company is not obliged to pay at a specific time; it depends on whether or not they have the money to do so: ______________.

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UNIT 4
1. - DEFINITION OF A WORKING DAY

The worker performs/does his/her job during a period of time. That time is called “the working day”. Exercise 1: Write down the definition of the working day. Working day only includes this aspect: the hours of actual work in the workplace. That is, when we say that the working day is 8 hours, we mean that workers must be at his/her job 8 hours every day. The time a worker needs to get dressed, or to go to the place to work is not considered working time. Therefore, the time the worker needs to park the vehicle is not considered working time either. Exercise 2: Are these examples considered as actual work or not? 1) A waiter is serving the meal in the restaurant where he works. 2) A waiter is getting dressed in the toilets. 3) A waiter is parking her car before getting to the restaurant. 4) A waiter is chatting to another waiter of the restaurant during his working time 5) A waiter is preparing a table for the people who are waiting to have dinner.

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The working day is open to negotiation through collective agreements in any economic sector. The Law establishes: - Maximum working hours a day or a week and - Minimum time off work. 2.1.-DAILY WORKING HOURS People under the age of 18 years cannot work more than 8 hours a day. If you are older than eighteen years you may work 9 hours a day (adults). However, another working day may be established in a collective agreement or in the work contract. In this case weekly rest periods required by law must be respected. Let see these weekly rest periods that are fixed by the law: - A daily rest period of 12 hours from the end of a workday until the beginning of the next. This time can´t be interrupted. - A weekly rest period of one day and a half for adults and two full days for those under 18 years old. When an employee works 8/9 hours a day we say he/she has a full time job. However if the worker works less than 8/9 hours a day we say s/he has a part time job.

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Exercise 3: Answer the following questions. - How many hours a day will you work if you are under 18 and you have a full time job? - How many hours a day will you work if you are 20 y.o. and you have a full time job? - Which is the weekly rest period for the first and second question? - Which is the daily rest period and the rest period between working days? 2.2. – WORKING/WORK WEEK (U.K./U.S.A.)

Minors cannot complete more than 40 hours per week of actual work. Adults may have a work week of more than 40 hours of actual labor. The legislature allows irregular working hours where a work week of 45 or 35 etc hours would be permitted, provided that the average annual
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calculation does not exceed 40 hours a week. The distribution of the irregular working hours must be agreed upon in a collective agreement or in an employment contract.

2.3. – WORKING DAYS PER YEAR How many days a year do we have to work? The law says nothing about the number of annual working days. We will have to check it on the collective agreement and on our own labour contract. However, the statute (the law) requires an annual rest period of at least 30 calendar days.

Exercise 4: Write down if the following situations are legally right or wrong (R/W) - The time I need to park my car isn´t considered working time

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- The time to prepare the tables and get them ready are not considered working time - The time to tidy up the restaurant once all clients have gone is considered working time - Mary who is 17 years old is obliged to work 9 hours a day - Carol who is 16 years old only has a weekly rest period of one day and a half - John, who is 21 y. o. and has a full time job, has a weekly rest period of one day - A working week can be longer than 40 hours week - The law says any worker must work 1.803 hours a year - Any worker will have 30 days of annual rest period - For certain jobs the government has expanded and reduced work hours and breaks Exercise 5: Write down correctly the sentences of Exercise 4.

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UNIT 5
1. – INTRODUCTION

Labour contracts can be changed and these changes can negatively affect the workers life. These changes can be: 1. Performing tasks which are not adequate to the professional category of the worker. For example, the worker has to do tasks that belong to a lower professional category or the worker has to do some tasks that belong to a higher professional category. The employer can ask you to do a job that belongs to a professional category higher than yours. If you are working in a higher category you have the right to earn the salary that corresponds to that job. When you have to do a job in a lower or higher professional category, we talk about: Functional Mobility. 2. To move temporarily or permanently to another location. When you have to move to another job centre in another area/locality we talk about: Geographic Mobility. 3. To change the working day, the time table, how the company pays the workers, etc... When the company changes important points of your contract (Working day, timetable, the way to be paid, etc…) we talk about: Substantial changes in the working conditions. The law allows the employer/the company to make these important changes in the worker's contract provided that the employer has important economic reasons or organizational problems in production or technical areas. The worker may: - accept these changes. - If the worker does not agree with the changes, he will have to obey and comply with these changes and/or he can go and issue complaints to a judge if these changes were not necessary.

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- Finally, you may not agree with the changes and do not want to continue working in the company. In some cases the company will have to pay the worker a small compensation (where permitted by the law). Let´s see these changes of the contract: 2. – FUNCTIONAL MOBILITY A) The employer may ask you to do a job that belongs to a lower professional category. For example, you are a waiter and the employer needs the floor to be cleaned. The cleaner is ill and is on a leave. The boss is worried because the Bar needs to be ready on time and it is not ready yet. The law says that there must be an important reason to ask you for changing your duties. The worker can accept the new duties or leave the company. In this case, you must obey and clean although you have the right to keep your salary; you will not earn less money than before. B) The employer may ask you to do a job that belongs to a higher professional category. In this case you have the right to earn the salary that corresponds to that professional category. In some cases, you could keep those duties in that professional category. If the worker doesn´t accept these changes he can leave the company, but he will not get any compensation at all. For example, the Manager of the Bar of a Hotel has been in a terrible accident and he will be on a leave for a long time. The boss has asked a waiter to substitute for the Manager. The waiter will earn more money; he will get the same salary as a Manager. 3. - GEOGRAPHIC MOBILITY The employer may ask you to do your job in a different place temporarily or permanently. You will get some money to cover all the expenses related to the move and the company will have to communicate that decision in advance. If the worker doesn´t accept the change he can leave the company and he will get compensation. A. - Displacement (desplazamiento)
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When the worker must temporarily change his/her centre of work for a period of time. If the worker accepts the displacement, he has the right to get: travel expenses and 4-days of paid vacation every three months. If the worker does not accept the displacement, he has the right to go to court. B.-Transfer: (traslado) When the worker must change his/her centre of work and needs to change his/her residence, that is, the move will be forever. If the worker accepts, he/she will receive compensation for the moving expenses. If the worker does not accept, he/she can terminate the contract and receive a compensation of 20-days salary for every year of service (one-year maximum). 4. - FUNDAMENTAL CHANGES IN THE LABOUR CONTRACT In the cases the company has technical, organizational, or economic problems and it can make some important changes in the workers labour contract. For example, the company has decided to change some of the workers “working day”. Now there will be some workers that no longer work in the morning, but work the evening shift. This may be a problem for some of these people. The job is not the property of the worker. The worker cannot discuss these changes with the boss. The worker can only accept and obey and if he disagrees with the company he may appeal the decision of the company. * What are the most substantial changes? -Schedule -Working day/week -Shift

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-Method of payment -Work system and performance * What can the worker do? 1. The worker can accept the changes. 2. The worker can oppose the changes and do one of the following: A. Ask to cancel the contract when the changes are related to working day, schedule, or shift. He/she has the right to a compensation of 20-days salary for every year of service (one-year maximum). B. Ask for a judicial resolution of the contract; he/she has the right to compensation when the changes damage the dignity or professional formation of the worker. The compensation will equal 45-days salary for every year worked. C. Challenge the company’s decision judicially, so that the judge can declare that the changes were unjustified and recognize that the worker can return to his job in the same conditions as before the changes. ACTIVITY #1 Match these scenarios to their legal situations:

SCENARIOS:
A) “I´m a waiter and yesterday the manager asked me to clean the Restaurant. The cleaner was on a leave. He was ill“ B) “Last week I had to work as a head waiter during four days although I´m a waiter. “ C) “The manager asked me to move to another location last year during three months and I accepted”. D) “The manager wants me to be the new manager of a new restaurant that the company is going to open in a few months”.

LEGAL SITUATIONS
1) Moving temporarily to another location
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2) Moving permanently to another location 3) Performing tasks that belong to a lower professional category 4) Performing tasks that belong to a higher professional category ACTIVITY #2 Read these sentences carefully and write down if they are true or false. If you find false sentences, please write them properly. 1. The employer can ask you to do a job that belongs to a professional category higher than yours. You keep the salary that was established in your labour contract. 2. When the company changes important points of your contract (Working day, timetable, the way to be paid, etc…) we are talking about: Geographic mobility. 3. To move temporarily or permanently to another location. In this case we talk about: Functional mobility. 4. Displacement is when you must permanently change your work location. 5. Companies can make Fundamental changes to the Labour Contract when there are economic, organizational, or technical problems. 6. Employers can not issue disciplinary action when an employee violates the law. 7. You can be fired if found to be “under the influence of drugs or alcohol” before or after work. 8. When a worker can no longer perform their job normally because of a disability, the worker can be expelled from work due to objective reasons. 9. The employer does not have to notify the employee in advance with a letter when the employee will be sacked.

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10. When a worker has been expelled for objective reasons they will be given compensation for 20 days of salary per year for each working year. ACTIVITY#3 Read carefully these sentences and write down if they are right or false. If you find false sentences, please write them properly. 11. The employer can ask you to do a job that belongs to a professional category higher than yours. You keep the salary that establishes your labour contract. 12. When the company changes important points of your contract (Working day, timetable, the way to be paid, etc…) we talk about: Geographic mobility. 13. To move temporarily or permanently to another location. In this case we talk about: Functional mobility. 14. Displacement is when you must permanently change your work location. 15. Companies can make Fundamental changes to the Labour Contract when there are economic, organizational, or technical problems. 16. Employers can not issue disciplinary action when an employee violates the law. 17. You can be fired if found to be “under the influence of drugs or alcohol” before or after work. 18. When a worker can no longer perform their job normally because of a disability, the worker can be expelled from work due to objective reasons. 19. The employer does not have to notify the employee in advance with a letter when the employee will be sacked. 20. When a worker has been expelled for objective reasons they will be given compensation for 20 days of salary per year for each working year.
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