Fol No Bilingues

8/4/2019 Fol No Bilingues

1/24

I . E . S . L A R O S A L E D A M I s a b e l P r e z O r t e g a

h t t p : / / f o l b i l i n g u e . b l o g s

p o t . c o m

1 2 / 0 9 / 2 0 1 1

M Isabel Prez OrtegaEn este documento se presentan cuatro unidades

didcticas en ingls para los Ciclos Formativos de

Grado Superior. La primera unidad est dedicada a

los tipos de normas laborales y a las instituciones

administrativas que pueden elaborarlas. La segunda

unidad est dedicada a los tipos de contrato laboral

y sus caractersticas. La tercera unidad didctica

est dedicada al salario y los distintos conceptos

salariales y no salariales que el trabajador puede

cobrar. La cuarta unidad est dedicada a la jornada

laboral del trabajador.

FORMACIN Y

ORIENTACIN

LABORAL BILINGE


2/24

FORMACIN Y ORIENTACIN LABORAL BILINGE

I.E.S. LA ROSALEDA

UNIT ONE

INTRODUCTION TO THE LABOUR LAW

Lets 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. youalways have to obey the employers orders). All your labour rights and duties are

gathered in the Law.


3/24


I.E.S. LA ROSALEDA

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 whichones are recognized labour rights:


4/24


I.E.S. LA ROSALEDA

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:

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 ________.

RIGHT . Individual RightsLAW . Rules of a government or society

. Fair

. Regulation


5/24


I.E.S. LA ROSALEDA

UNIT TWO

LABOUR RELATIONSHIP: DEFINITION

A labour relation is a relationship between an employer and an employee. In thisrelationship, 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 andgroup 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 GROUP B

------------ ----------------

------------ ----------------

------------ ---------------

------------ ---------------

EXERCISE #2

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, overtimeand bonuses.Some answers may fit into multiple columns.

Labour

Contract


6/24


I.E.S. LA ROSALEDA

Employer / Company worker

duties Rights Duties Rights

II. - LABOUR CONTRACTS

LABOUR CONTRACT: DEFINITION

WORKERS 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 cant work, it is forbidden.

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.


7/24


I.E.S. LA ROSALEDA

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

_________?


8/24


I.E.S. LA ROSALEDA

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 dont 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. Theres 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

8. All labour contracts must be written: true false

9. - A worker who hasnt signed a contract and is already working, can askfor a written contract at any time: true false


9/24


I.E.S. LA ROSALEDA

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 cant)

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 thatcan appear in labour contracts:

Luis Jimenez Ruiz is going to work as a waiter for La Kaada Restaurant .

The legal representative is Antonio Prez Martnez. 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, Mlaga 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 thatapplies is the Convenio Colectivo de Hostelera.

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


10/24


I.E.S. LA ROSALEDA

UNIT 3

1. - DEFINITION OF A SALARY

Section 25 of the Spanish Constitution says that all the Spanish peoplehave 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 paymentseither in cash or in kindthat the worker receives to

do his job as an employee.

Lets see some examples of payment in cash: checks, cash, direct

deposits, or bank transfers. And now, lets see some examples of Payment


11/24


I.E.S. LA ROSALEDA

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, lets see some payments

that the law says they are not considereda 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:

REVIEW EXERCISES

1. Complete the following sentences using the following terms: payslip, date,

place, complementary wages, cash, kind, payment in advance, and

government.

A. The salary of a worker usually includes the base salary, the

_______________ __________ and the non complementary wage.

Other payments

Complementary

wa es

Base Salary

BASE SALARY: The fixed

remuneration per hour, per day,

per week, according to the

professional category.

COMPLEMENTARY WAGES:

incentives, bonuses, seniority,

shares in company, profits, etc.


12/24


I.E.S. LA ROSALEDA

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 hell 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 BASE SALARY

- An incentive for production

- A company cell phone

- A company laptop COMPLEMENTARY WAGES

- Some shares in companies

- Working in shifts

- Night work NON COMPLEMENTARY WAGES

- Travel pay


13/24


I.E.S. LA ROSALEDA

- 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: ______________.


14/24


I.E.S. LA ROSALEDA

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 meanthat 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.


15/24


I.E.S. LA ROSALEDA

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 cant 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.


16/24


I.E.S. LA ROSALEDA

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


17/24


I.E.S. LA ROSALEDA

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 ofat 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 isnt considered working time


18/24


I.E.S. LA ROSALEDA

- 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.


19/24


I.E.S. LA ROSALEDA

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 professionalcategory 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 professionalcategory 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 youhave 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 companypays 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 technicalareas.

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.


20/24


I.E.S. LA ROSALEDA

- 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).

Lets 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 doesnt 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 doesnt accept the change he can leave the company and he

will get compensation.

A. - Displacement (desplazamiento)


21/24


I.E.S. LA ROSALEDA

When the worker must temporarilychange 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


22/24


I.E.S. LA ROSALEDA

-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 tocompensation 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 companys 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) Im 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 Ima 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


23/24


I.E.S. LA ROSALEDA

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 professionalcategory 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 casewe talk about: Functional mobility.

4. Displacement is when you must permanently change your worklocation.

5. Companies can make Fundamental changes to the Labour Contractwhen there are economic, organizational, or technical problems.

6. Employers can not issue disciplinary action when an employee violatesthe law.

7. You can be fired if found to be under the influence of drugs oralcohol before or after work.

8. When a worker can no longer perform their job normally because of adisability, the worker can be expelled from work due to objective

reasons.

9. The employer does not have to notify the employee in advance with aletter when the employee will be sacked.


24/24

FORMACIN Y ORIENTACIN LABORAL BILINGE10.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 professionalcategory 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 casewe talk about: Functional mobility.

14.Displacement is when you must permanently change your worklocation.

15.Companies can make Fundamental changes to the Labour Contractwhen there are economic, organizational, or technical problems.

16.Employers can not issue disciplinary action when an employee violatesthe law.

17.You can be fired if found to be under the influence of drugs oralcohol before or after work.

18.When a worker can no longer perform their job normally because of adisability, the worker can be expelled from work due to objective

reasons.

19.The employer does not have to notify the employee in advance with aletter when the employee will be sacked.

20.When a worker has been expelled for objective reasons they will begiven compensation for 20 days of salary per year for each workingyear.

Documents

Fol No Bilingues