Employers and Employees rights in Tenerife?

[DaveRF]

Having been both an employee and employer I can see both sides of what I'm about to write about.

Employment law in Tenerife IMO is a farce. I can understand totally what the law is trying to achieve but I feel it goes too far and discourages employers from doing what is right by their employees. Once an employee has an indefinido contract it is almost impossible to get rid of them. I used to find when living in Tenerife it was an absolute breeze to spot the employees with an indefinido contract. In most cases it was the one's who could not give a **** about the customer or the business they worked in. Why should they? They aint gonna get sacked unless the business folds or they commit gross misconduct.

To me this is one law that misses completely. I can totally understand that employees need to be protected from unscrupulous employers but surely not to the detriment of the business. The laws protect employees fully but in a way that does not encourage them to make sure the business is a success. Once the have an indefinido however they perform does not matter. If the business folds they will be paid off hansomely. This is preposterous. Surely employment law should not only protect the employee but also protect the employer and make both want to make the business flourish.

Is it any wonder that so many employers skirt the law and employ people illegally?

[TenerifePool]

Absolutely agree.

The Spanish worker has so many "rights" that no-one can afford to employ him, 20% unemployment (nationwide) bears witness to that.

[tonypub]

Deleted if you don´t and Deleted if you do=30% unemployment in tenerife

Mod Edit: Please don´t use swearing in posts. This is a family forum. The forum T&C´s state that swearing, even masked is not allowed. Thanks

[atlantico]

30% ? . . . . . . . officially those figures may be correct, but how many of that 30% are actually working illegally, and the authorities still count them as unemployed ? Where do they get their figures from ? Employers ? Social Security contributions ? If that's the case, the figures should read as

'30% not employed or employed illegally' !! ??

[tonypub]

Deleted if you don´t and Deleted if you do=30% unemployment in tenerife

Mod Edit: Please don´t use swearing in posts. This is a family forum. The forum T&C´s state that swearing, even masked is not allowed. Thanksmy sincerist apologies

[doreen]

It's not quite true that you can't get rid of someone on an indefinido contract, it is just that it is too expensive for most businesses to bear - it was a payment of 45 days (i.e. one and a half month's pay) per year worked - I believe this has been reduced to 33 days in some cases

[9PLUS]

You know after tax, vans, etc etc an employee doesn't make that much money for a company here if you've got to pay 33 days extra after a years work


on the street it's like why have workers if they have in some cases more money given to them than they can possible make.

[TenerifePool]

30% ? . . . . . . . officially those figures may be correct, but how many of that 30% are actually working illegally, and the authorities still count them as unemployed ? Where do they get their figures from ? Employers ? Social Security contributions ? If that's the case, the figures should read as

'30% not employed or employed illegally' !! ??

The 30% is the number of people on "Paro" registered as such with INEM. Whilst it is true that some people on Paro may also be working for cash in hand, there are also a significant number of unemployed who never register with INEM.

[TIS]

It's not quite true that you can't get rid of someone on an indefinido contract, it is just that it is too expensive for most businesses to bear - it was a payment of 45 days (i.e. one and a half month's pay) per year worked - I believe this has been reduced to 33 days in some cases
Can be legally reduced to 20 days if a business can prove to Seg Soc that their business has been in decline for a while ( not sure what the qualifying time period is)

[atlantico]

so, workers can be lazy, rude, unable/unwilling to carry out the job, arrive late and be poorly dressed and smell awful . . . . . . BUT keep their job ??

[doreen]

so, workers can be lazy, rude, unable/unwilling to carry out the job, arrive late and be poorly dressed and smell awful . . . . . . BUT keep their job ??

No, but it will cost you to sack them :(

[jakedog]

can somebody let me know how much each person is entitled to for holiday pay, my friend says its 40days pay in 1 working year and that stated from the 1 of april thsi year, they are on a full time contract, is this correct thanx

[junglejim]

so, workers can be lazy, rude, unable/unwilling to carry out the job, arrive late and be poorly dressed and smell awful . . . . . . BUT keep their job ??

Yes ask Wayne Rooney !!

[Suej]

so, workers can be lazy, rude, unable/unwilling to carry out the job, arrive late and be poorly dressed and smell awful . . . . . . BUT keep their job ??

That´s about right Atlantico!

[DaveRF]

It's not quite true that you can't get rid of someone on an indefinido contract, it is just that it is too expensive for most businesses to bear - it was a payment of 45 days (i.e. one and a half month's pay) per year worked - I believe this has been reduced to 33 days in some cases

That can still be a lot of money for a small business that is operating on tight margins.


No, but it will cost you to sack them :(

So in essence be rude and don't give a **** about your job or the customers and you'll be handsomely paid off. Totally wrong IMHO. If you consistently don't perform to the expected level , have been coached and given ample opportunity to put things right and can't or don't you should be booted out the door with nothing.

[NotYour0rdinary]

The thing about indefinido contracts is that because they protect the worker so well most places don't use them. I think you have to have a minimum amount of people on an indefido contract but most places have the bare minimum if that.

Instead of handing out these contracts, which are highly sought after, most establishment will hire a person for a few weeks to a year and then they are out the door. Because of employment laws you can only be give 2 contracts a year so if a company decides to offer you a contract you will only have work for a year maximum.

Most indefinido contracts go to people that have worked there several times and have gone back over many years, and they normally have some sort of connection to the company or boss.

So the employment laws over here don't actually protect the worker by offering such extreme protection. most places try not to offer these contracts at all and hire lots of different people instead, letting them go after 6 to 12 months.

[slodgedad]

The thing about indefinido contracts is that because they protect the worker so well most places don't use them. I think you have to have a minimum amount of people on an indefido contract but most places have the bare minimum if that.

Instead of handing out these contracts, which are highly sought after, most establishment will hire a person for a few weeks to a year and then they are out the door. Because of employment laws you can only be give 2 contracts a year so if a company decides to offer you a contract you will only have work for a year maximum.

Most indefinido contracts go to people that have worked there several times and have gone back over many years, and they normally have some sort of connection to the company or boss.

So the employment laws over here don't actually protect the worker by offering such extreme protection. most places try not to offer these contracts at all and hire lots of different people instead, letting them go after 6 to 12 months.What an eye opening first post.

I agree with every word

[mitsi]

if you look in to the laws as from april ithink the its all changed this is why the spainsh went out on oneday protests all over spain as they are not happy with the new contracts. If you have a contract before this date you go by the old law if after you start the new . if you have a company then you should know as it was put in place to help companys in the crisis .

[TIS]

if you look in to the laws as from april ithink the its all changed this is why the spainsh went out on oneday protests all over spain as they are not happy with the new contracts. If you have a contract before this date you go by the old law if after you start the new . if you have a company then you should know as it was put in place to help companys in the crisis .
This only helps companys employing new staff, not companies with existing staff that are trying to best survive the crisis. As you stated, they still have to pay based on the old rates. They can't change their staff , it would cost too much.