Workers finally gain right to information about their terms and conditions

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In August 1998, a decree was finally published in Spain to require employers to inform workers in writing about the exact nature of their terms and conditions of employment, thereby plugging a significant gap in labour legislation.

Until August 1998, there was no statutory requirement for Spanish employers to inform workers about their terms and conditions of employment. Furthermore, no regulations governed the content of the information that was provided, which depended on the employer's good faith. Workers who were not formally informed about their terms and conditions at work and who requested this information were thus faced with a legal void. Seven years after the adoption of the EU Directive on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (91/533/EEC) and four years after the corresponding amendments were introduced into the Workers' Statute (Law 11/1994, Article 8.5 of the Workers' Statute), the government has now regulated this obligation.

Royal Decree 1659/1998 lays down that employment contracts must contain certain essential items. These include: the identity of the parties; the date of commencement and projected duration of the labour relationship; the address of the workplace(s) at which the worker will provide his or her services; the occupational grade or group or a characterisation of the work that reveals its precise content; the level of the basic wage; the level and frequency of bonuses; the duration and distribution of working hours; the duration of holidays; the period of notice required for termination of the contract; and the exact details of the collective agreement that applies to the employment relationship. The decree obliges employers to inform workers of these conditions in writing within three months from the beginning of the employment relationship. If this relationship already exists, then the period is two months from the receipt of the request.

This regulation fills a legal void that reflected a significant gap in the the rights - and obligations - of workers.