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28 Feb 2011 00:00 by noggins Star rating. 7 posts Send private message

 Ok here is a quiz! my partner was asked to do some work for a legal company. He was offered what appeared to be a good job for reasonable money. the company was even supplying the car and fuel in order for him to do the job- 3 weeks trail and then he would be contracted with all the trappings...sick benefit pension, health care etc

But then a elderly man shot out of a side street of an unfinished urbanisation and crashed right into my partner whilst he was driving the company car on business. Now because the signs were not in place to make the old man at least pause to give way, my partner is being blamed even though it was a no brainer because he was on the main road and the old man was shooting out of a side road. 

Because it was deemed my partners "fault" the insurance on the bosses car would not pay because it was only insured third party! so now my partner is having to pay approx 850 euros on repairs to the compant car which was a mess to start with anyway!

is this legal? should his boss have stated at any point "oh and by the way because I am a tight arse I dont have fully comp ins on my company cars so if you damage it you pay out of your own pocket"

Am i being completely naive or are we being taken for a ride?





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01 Mar 2011 10:15 by jek Star rating. 250 posts Send private message

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I think you could certainly refuse to pay and there would be nothing that they could do unless there is a written contract that says that he would be liable for any damage to the car not covered by the insurance.  Trouble is there would then be no way they'd take him on a contract at the end of the trial.  But odds are they won't even if he pays.





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01 Mar 2011 10:32 by Faro Star rating in London. 1156 posts Send private message

sounds well dodgy to me and a typical CDS cowboy outfit.

did the full-time contract with all trimming materialise?

 

 





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01 Mar 2011 13:00 by TechNoApe Star rating in Duquesa, Manilva. 1291 posts Send private message

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I would suggest that maybe you suggest to your partners boss, that what he is doing is illegal -

Allowing a third person to drive a car without adequate insurance is illegal.

And that you are considering reporting him to the local police - or what we call a 'denuncia'.

Also, here in Spain it is usually the car that is insured, not the person, therefore as long as the car has correct insurance anyone who can legally drive in Spain can drive the car. There is usually and age restriction of 30 to 70 I think, but without looking at a policy right now, the ages could be slightly different.

All 3 of our cars are insured fully comp, (average about 430€ per year).


 



This message was last edited by TechNoApe on 01/03/2011.

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01 Mar 2011 13:14 by TechNoApe Star rating in Duquesa, Manilva. 1291 posts Send private message

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Forgot to say:

I know that the employment laws here in Spain are changing, and may have already done so, however it would be worth checking to see if your partner should have been on a contract in any case, as even temporary work in Span used to require an employment contract, and probably still does.

Last year so many bar staff lost there jobs due to the fact that they didn't have a contract, even for part-time temporary jobs. And at the same time, the bars got fined!



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01 Mar 2011 13:37 by Sanchez1 Star rating. 818 posts Send private message

I would refuse to pay a penny.  There's nothing the employer can do.  They are definitely taking your partner for a ride.

Spanish employers seem to think they can basically do what the hell they like, especially with unemployment at over 20%.  Is he still employed by the company and did he ever receive a contract? 



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01 Mar 2011 13:40 by Sanchez1 Star rating. 818 posts Send private message

I know that the employment laws here in Spain are changing, and may have already done so, however it would be worth checking to see if your partner should have been on a contract in any case, as even temporary work in Span used to require an employment contract, and probably still does.

That's a very naive view of Spanish employment practices.  In the real world, most people, especially on the Costas, are paid cash in hand with no contract.  If you are lucky, you may get a contract for 6 months or a year.  After that, most employers will get rid of you before you become too expensive and too difficult to fire.



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01 Mar 2011 17:15 by TechNoApe Star rating in Duquesa, Manilva. 1291 posts Send private message

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"That's a very naive view of Spanish employment practices.  In the real world, most people, especially on the Costas, are paid cash in hand with no contract.  If you are lucky, you may get a contract for 6 months or a year.  After that, most employers will get rid of you before you become too expensive and too difficult to fire."

It's not naive at all!

It's the law!

Just about everyone and their dog knows that a lot of people out here are working for cash in hand, including lots of people who are 'officially' unemployed, however it is against the law to do so!

You ask anyone who works, or used to work, for an English Bar if they got fired from their previous job because the local plods came in a found out that they didn't have a contract of employment! And then ask the bar owner if they got fined!

I'm not condoning nor condemning people if they decide to work for 'black money', however people on forums like this that want to work in Spain need to know the law and their rights!

And the employment laws here in Spain are changing with regard to employment contracts, including making it easier to 'hire and fire', in an attempt to encourage employers to expand their workforce whilst still maintaining the rights of the employee.

On the 18th June 2010, Royal Decree Law 10/2010 (the Royal Decree Law) dated 16th June 2010 came into force, approving labour law reform in Spain.

I'm pretty sure there is an article on this around here somewhere, including lots more on employment laws in Spain.


 



This message was last edited by TechNoApe on 01/03/2011.

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Me, the Mrs and Rosie too! But we'll never, ever forget our Tyler!

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01 Mar 2011 17:24 by Faro Star rating in London. 1156 posts Send private message

or you can be autonomo (self-employed) but no contract.

Spanish employment law is too much in favour of the worker so no job!

again this is just how it is .......





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01 Mar 2011 17:31 by TechNoApe Star rating in Duquesa, Manilva. 1291 posts Send private message

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Faro,

Yes! I agree!

This is one article on the Employment Law reforms from last year!

Personally, I agree with most people and think that the employment laws in Spain need a real good shake up, and that what has been dome so far doesn't go anywhere near what needs to be done!

Hay-ho!

Back to topic...

Nope! Don't pay the money.


 



This message was last edited by TechNoApe on 01/03/2011.

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www.andalucianstyle.com

Me, the Mrs and Rosie too! But we'll never, ever forget our Tyler!

We support AAA Abandoned Animals Marbella - Do you?




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01 Mar 2011 17:47 by Faro Star rating in London. 1156 posts Send private message

I personally would never hire anyone in Spain.

Also too much bloody paperwork and I can't handle any more modelo returns!

But we always go off tangent - it be boring otherwise!





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