Illegal employer practices?

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18 Nov 2010 12:00 AM by marcbernard Star rating in Marina Alta; Alicant.... 254 posts Send private message

My daughter works for a supermarket which has lately been expanding apace in Spain (at least on Costa Blanca and CdS). She has a legal part time hours contract and tax and Social secruity is paid. However all staff, at her branch at least,  have now been told that they must work full time for the whole of December, no choice in the matter. This is not mentioned in the contract. Additionally, this company pays less than flat rate for any overtime  worked. Thus for December the part time staff must work full time hours for substantially less than full pay.

I am not conversant with employment law in Spain  but it occurs to me that these two aspects  -- (i) compulsory overtime;   (ii) overtime rate at less than basic --  neither of which are mentioned in the contract, are surely not legal!

Any help appreciated.

 





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18 Nov 2010 1:29 PM by Sanchez1 Star rating. 853 posts Send private message

Not sure about the legality of this, but with unemployment at over 20% in Spain, I don't think your daughter should kick up too much of a fuss. 



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18 Nov 2010 2:49 PM by Tumbit Star rating in Costa Blanca. 71 posts Send private message

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Yeah, she must be gutted ! -  Just imagine - having a fully legal, permenant paid job in a safe & secure environment, that's offering paid overtime and what's usually the most expensive time of year. What a pain, I really feel for her....





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23 Nov 2010 8:19 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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 Marcbernard:

Of course none of that is legal and your daughter can report it to the Work authorities. It is true that the economic and employment environment is very difficult at present times but that is not a justification to these type of abuses.



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22 Dec 2010 11:16 AM by Murisha Star rating. 12 posts Send private message

Agreed with Maria, you can have your daughter to report that awful practice to the authorities. We all know that it is really a busy season but that is not excuse to keep this business tactic going.





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22 Dec 2010 11:19 AM by Sanchez1 Star rating. 853 posts Send private message

When there is 21% unemlpoyment in Spain, and a large chunk of the work force on temporary contracts, I think you'll find that emploers can more or less do what they want.



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