Salary and Payslip.

Introduction

As every worker in this world and also in the world works, as is logical, we have the right to a payroll.

The importance of payslip is that it allows you to determine the net amount of wages and salaries that you must pay to your person on the day of payment and is the source document to record the cats associated with wages in each predetermined period. 
It also allows calculating the contributions according to the legal regulations of social security. 

In addition to calculating the obligations of the company with the State and social security institutions, by effects of the retentions that the same company makes its workers and their own contributions.

Having said that, I will explain what salary is, something basic that everyone should know:

It is a fixed compensation periodically paid to an employee for regular work or services. Weekly rest periods are included.

On the other hand, there is the salary. The salary is the center of the exchange relationships between people and organizations.

• The salary for people represents one of the complex transactions, since when a person accepts a position in a certain company, he commits himself to a daily routine, to a pattern of activities and to a wide range of interpersonal relationships within an organization, for which receives a salary.

• However, the salary for organizations or companies, apart from being a cost element, is a method that motivates workers.

With this what I want to say is that the salary is not the same for the workers as well as for their organizations or the company.

Something of special importance that I will emphasize is the minimun wage interprofessional (SMI).

• It is set by the Government every year and for all the professions. It is based on full-time working time.

• SMI 2017: 707,70 €/month.

Currently, the interprofessional minimum wage has increased by 4%, which would place it at €735.90 (14 payments).

The minimum wage for 2018 would be set as follows, according to the Council of Ministers:

• Minimum daily wage: € 24.53.
• Minimum monthly salary: € 735.90.
• Minimum annual salary: € 10,302.60 (14 payments).

Working Time.

Today, the world of work is present in each and every one of us, that is, the vast majority of us work and, for this reason, certain knowledge about the working time should be make known.

The main obejctives on this subject would be the following:

• Know the regulation of the working day.
• Know the breaks and permits to which the worker is entitled.
• Apply the collective agreement regarding the working day and breaks.
• Develop a favorable attitude towards work and family conciliation and gender equality in companies.

In my opinion, every worker has the right to know their rights in regard to their work.

Below I give to know what is the working time.

The working time is the total amount of hours of effective work, between the entry and exit if work.

   From my point of view, every worker, as I said before, must know their work rights, such as their vacations, their hours corresponding to work, their salary, etc.

I must also day that there is a special day to commemorate the worker. The day is May 1st, which is Worker's Day.

The importance is to remember the dead of May 1 who demonstrated to stop an 8-hour workday, during a demonstration that took place in 1829 in the USA.

In the United States, it is symbolic of past labour struggles against a host of worker's rights violation, including lenghy work days and weeks, poor conditions and child labour.

For years, the working class, often forced to work up to 16 hours a day in unsafe conditions, had been fighting for an eight-hour workday.

For this reason, today, in the vast majority of workplaces and, also in developed countries, it has been achieved that the workday is 8 hours a day.

However, in most countries around the world, the person who has power abuses people in regard to the world of work, making them work for more than 8 hours in inhuman conditions, with an unworthy salary and even in child labor, which is illegal in other countries.

Little by little, they are getting more rights to the worker.

The Contract Of Employment.

The contract of employment is an agreement between an employer and an employee in which the employee has to do a job, while following the employer's orders and the employer has to pay the worker a salary for it.
Also known as employment contract or employment agreement.

        

Now we will ask who can sign a contract? Well, that depends both on the employee and the employer, which I will explain as follows:

• Employee
• Age
• to be older than 18 years old or younger than 18, but legally emancipated (marriage, judicial concessions...)
• to be older than 16 years old, but with parent's or tutor's permission.
• under 16 years old, only for public shows.

• Nationality
• to be a European citizen

• Employer
• to be older than 18 years old or younger, but legally emancipated.
• The employer can be:
• a physical person
• a legal entity
• a joint property

    

In this way, the form of a contract can be:

• Written or verbal in some cases.
• It is also presumed that the contract was permanent and full-time when:
• a writeen contract was compulsory, but it was done verbally.

Some of the minimum contents that a work contract must have are the following:

• place where and the date when the contract was signed.
• the name of the employer and employee.
• the title of the job and the professional group.
• the place of work.
• the hours of work and the work schedule/timetable.
• the start date and the end of the employment.
• payment (base salary and other kind of compensation).
• the annual vacation/holidays.
• the length of notice.

I guess most of you will know that it is the trial period, in my case, I did not know this term. For this reason, I will explain what it consists of.

• It is a period at the beginning of the employment relationship in which employer and employee test if hiring is convenient for both parts.
• The trial period starts from the beginning of the employment relationship and lasts for the time period that has been agreed upon.

• During the trial period, employees have the same rights and benefits as any other way.

  

Now let's see the different types of contracts that exist:

• Permanent contracts
• Ordinary permanent contract.
• Entrepreneurs support permanent contract.

• Temporary contracts
• Perfomance of a specific task or service
• Production overload or blocklog
• Temporary replacement.
• First young employment.

• Training contracts
• Training and learning contract.
• Internship or work esperience contract.

• Part-time contracts
• Ordinary part-time contract.
• Release contract.
• Seasonal employment contract.

This last part of the contract types I explain it to you in the following way. Indicating the necessary information and with some detail.

	PERMANENT		TEMPORARY				TRAINING		PART-TIME
	Ordinary permanent	Entrepreneurs support permanent	Performance of a specific task or service	Production overload or backlog	Temporary replacement	First young employment	Training & learning	Internship or work experience	Ordinary part-time	Release	Seasonal employment
What is it for?	The one that is converted without establishing time limits in the provision of service a as the duration of the contract	Indefinite work contract with tax incentives and bonuses	Performing work or providing a service which is temporary but of certain duration.	Because a production overload.	For a replacement.	For youngsters under 30 years old without work experience or lower than 3 months.	To train young people and help them join workforce.	Put into practice the knowledge and skills got during the academic training.	Number of hours per day, week, month or year lower than the ones belonging to a full-time contract.	To replace a worker who is going to get partial retirement for another one.	Alternation of activity periods and non-activity periods.
Length	Undefined	It must be for an indefinite period, full day	3 years 4 years bargain agreement.	6 months in a period of 12 months. 12 months in a period of 18 months bargain agreement.	Until the return of the previous employee or, in a recruitment process, 3 months.	3-6 months, 12 months bargain agreement.	From 1 to 3 years.	6 months- 2 years.		Minimum until the worker who retires is completely retired.
Extensions	There aren't extensions	Undefined	No extension	6 months only once	No extension	No extension	Can be extended twice, without exceeding the maximum length. (6 months)	Can be extended twice. Minimum length 6 months.
Compensation	Depends on the type	Depends on the type	12 days per year	12 days per year	No compensation	12 days per year	No compensation.			12 days/year
Other characteristics	It can be verbal and written, may be held full time, part-time or for the provision of discontinuous fixed services	There is a probationary period one year. In this support contract of entrepreneur it is not possible to establish a trial period when the employee has performed the save functions in the company before in any type of control	If you chain different temporary contracts for a length equal to 24 months or above within a 30-month period. A certain limit of time. Full time or part time. Written or verbal.		Certain limit of time. Written or verbal. Full-time or part-time.	If you chain different temporary contracts for a length equal to 24 months or above within a 30-month period. A certain limit of time. Full time or part time. Written or verbal.	-Payment will be proportional to the working hours. -No certificate yet. -It can’t be part-time.	-You have the certificate. -Payment according to collective agreement. (not less than 60-70%)	Complementary hours: -Agreed in writing. -Permanent and temporary workers who work at least 10 hours/week. -3 days prior notice. -They are paid as ordinary hours and contribute to the Social Security.	The worker who retires will work between 25% and 50% of the usual working hours.

Labour Law & Employemnt Guidance.

   Everything written up to this point is of great importance to each and every one of the     workers that exist.

So, now in this section I am going to explain / talk about the right to work.
An aspect also of relevance.

  I will start by defining the concept of labour law.

• Law: mandatory principles and regulations that rule human behaviors and their relationships.

• Labour: phisical or mental work done to achieve a particular aim or task.

• Labour Law: those regulations raising from the employment contract and dealing with the relationship between employers and employees.

As it is evident, the right to work does not always exist. The employment contract is a recent contract of the twentieth century.

It was not until the Industrial Revolution of the eighteenth-nineteenth century when it appeared in the factories in a contract for the lease of services.

People have suffered awful working conditions through history.

You need certain requirements to regulate a work by Labour Law and these are the following:

• Personal.
• Voluntary.
• Payed.
• Dependent.
• Working for other.

Now, you will ask "what relationships are excluded or ruled out labour relations?"

Those that don't follow the previous requeriments ot hose established by law:

• civil servants
• Compulsory personal duties
• works based on friendship or good will
• family works (2n grade living with the employer)
• advisers
• sales representatives with 100% commission.
• self-employed workers.
• self-employed certified transporters.            

    On the other hand, there are special labour relations:

• Executives
• Employees of private households
• Convicts
• professional athletes
• Artists in public shows
• Disabed workers
• Stevedore
• Medical residents and lawyers in professional law firms.

   

     Also, now it's time to talk about the sources of law:

• European Union Legislation: European Directives and Regulations
• Spanish Constitution: Spanish people
• International Treaties (ILO) (OIT)
• Spanish law: Spanish Congress makes laws.
• Regulations: Royal Decree
• Collective Bargaining Agreement
• Labour Contract
• Uses and customs

  

The Constitution and the Workers' Statute indicate the rights and obligations that workers have in labor material.

I will classify it into collective rights and individual rights.  I will cite some of them, and these are the following:

• Rights
• Collective rights
• to unionize.
• to strike.
• to take action in industrial disputes.

• Individual rights
• to professional promotion and vocational training.
• to privacy and dignity.
• to get paid.
• Duties
• to act in good faith.
• to contribute to productivity improvement.
• to adopt health and safety measures.

Health & Safety at Work.

HEALTH AND SAFETY AT WORK: BASIC CONCEPTS

As is evident, I will begin by defining what health is. 

• Health is a state of complete physical, mental and social well-being and not merely the absece of disease or infirmity (WHO - OMS).

In the same way, we have the following aspects:

• Work.
• Occupational risk.
• Work condition.

What is Health & Safety at work?

A group of measures taken in order to prevent or reduce occupational risks and improve working conditions.

It is important to discard the occupational risk factors, which are divided into 4 groups:

• Safety conditions:
• Workplaces.
• Work equipment.
• Electrical hazards and fire hazard.

• Environmental conditions:
• Physical agents.
• Chemical agents.
• Biological agents.

• Ergonomic conditions:
• Physical workload.
• Mental workload.

• Phychosocial conditions:
• Work organization.
• Personal traits.

The worker's health damages is an aspect of special importance that every person must know. 

For this reason, I release the following information in a schematic way:

According to the General Law of Social Security (LGSS), an work accident is any bodily injury suffered by the worker because of or as a consequence of working for others.

Therefore, there are 3 requirements for it to be considered an work accident:

• Physical or psychic injuries.
• Working for others/hired-hand workers. Self-empoyment workers are also included if they contribute to Social Security for work accidents.
• Cause and effect reation between work and accident.

It can also be said that there are cases aasimilated by law, which are situations that might cause misunderstanding, but, since they are included in legislation, it is clear that they are work accidents.

• In itinere accidents → when going to work or going back home from work. Without interruptions, usual itinerary and an adequate means of transport.

• Trade union office → when doing union work.

• Tasks no related or different → when doing tasks not/different to the worker's professional group.

• Rescue actions → when performing rescue actions if they are connected to work.

• Occupational diseases → when contracting a disease at work not included in the list of occupational diseases and ir is proved in Court that, in fact, it was contracted at work.

• Accident consequences → accident consequences or complications that worsen the previous situations.

There are other accidents considered as work accidents:

• In mission accidents.
• Accidents caused by professional negligence.

On the other hand, not considered as work accidents:

• Force majeure accidents.
• Reckless endangerment or deceit accidents.

Still it is possible to indicate the types of accidents that we can find, and these are the following:

	With personal injuries	Without personal injuries
With material damages	Material damages + personal injuries. (Accidente típico)	Material damages, but no personal injuries. (Accidente blanco)
Without material damages	Without material damages, but with personal injuries. (Accidente caso).	Without material damages + Without personal injuries. (Incidente) (Risk situation).

What has been said so far assumes that all accidents occur due to a cause. This cause could have been avoided and, therefore the accident too.

Therefore, we find 2 types of causes:

• Technical causes.
• Human causes.

However, within this section, there are also occupational diseases, which are classified as follows:

Now, I will address the main differences that exist between an work accident and occupational diseases. In a brief and specific way:

• Work accident
• Quick
• Reated to safety conditions
• Identical effects

• Occupational disease
• Slow.
• Related to environmental conditions.
• Individual effects.

And, last but not least, I will emphasize the main measures of prevention and protection that every worker must keep in mind and know at all times.

• Prevention measures
• machinary and chemical substitution.
• repairs and maintenance.
• equipment initial design.

• Protection measures
• Collective protection
• banisters or railings and safety nets.
• machinery safety guards.
• noise shields.

• Individual protection → worker
• masks, gloves, boots, earplugs, noise eaarmuffs, etc.

• Health and Safety disciplines → This part, I will explain it to you by means of examples that have arisen to some workers or, simply, cases that can arise to you.
• Safety at work
• To design safe guards for electrical tools.

• Occupational or Industrial Hygiene
• To do environmental pollutants measurings, analyze them, and evaluate the exposure dose.

• Ergonomics
• To choose comfortable chairs and desks.

• Psychosociology
• To organize work using task rotation to avoid monotony.

• Occupational medicine
• To do annual check-ups.

HEALTH AND SAFETY AT WORK: LEGISLATION AND ORGANIZATION

As the title rightly says. I will talk about occupational health and safety legislation. The legal framework of this section is divided into four levels, which are the following:

1. International standards.
2. Spanish Consitution → In according with the article 40.2, Public Authorities must look after worker's health and safety.
3. Basic legislation
• Occupational Risks Prevention Act 31/1995 of 8th November.
• Reguations for Prevention Services RD 39/1997 of 17th January.
4. Specific legisation.

After what has been said above, we have to take into account the duties in Occupational Heath and Safety:

DUTIES IN OCCUPATIONAL HEALTH & SAFETY
EMPLOYERS DUTIES	WORKERS DUTIES
Implementing and applying an occupational risk prevention plan.	Using properly:             ·    PPE.             ·    Machines.             ·    Tools.             ·    Not putting out of operation safety devices.
Assessing occupational risks when they can’t be avoided.
Providing personal protective equipment (PPE –EPls).
Preparing an emergency plan including.	Informing immediately superiors or safety representatives of risk situations.
Adopting measures in case of serious and imminent danger.
Informing and training.
Consultation and participation.	Cooperating with the employer in Occupational Health and Safety issues.
Health surveillance.
Maternity and breastfeeding protection.
Protection of special risk groups.

Now, we are going to focus on the liabilities in occupational heath and safety issues.

From my point of view, I'm going to divide it into three sections, so that it reflects well and you can understand it.

So, let's start:

• Empoyer
• Offences in occupational health and safety issues involve a penalty.
• Types of responsability:
• Administrative liability.
• Public liability.
• Criminal liability.
• Surchage on Social Security benefits.

• Workers → App, they can be punished by the employer.
• Minor, major, and serious misconducts: collective bargaining agreement.

• Labour Inspection Role → Institution that supervises the compliance of labour and occupational health and safety law.

As for the occupational health and safety organization, employers must plan and organize health and safety at work.

In this way, they are classified into different types, which I will briefly develop, making known the most relevant aspects:

• Personally assuming prevention activities
• Companies with less than 25 employees and just one workplace. Employers must have basic level training as well.

• Appointing one or several workers to carry prevention activities out.
• The employer names one or several workers to manage health and safety at work.

• Establishing an internal prevention service
• Companies with more than 500 workers.
• Companies between 250-500 workers + special risk activities.
• Version → Joint prevention services.

• Contracting an external prevention service.

In the same way, we are going to delve into the worker's health, that is, workers' participation in occupational health and safety.

• Safety representatives
• designated by and among workers' representatives.

• Health and Safety Committee
• Companies with 50 workers and workers council.
• All members must have a basic level training in health and safety at work.

• Competences and Powers:
• Being consulted
• Participating in the occupational risk prevention plan.
• Having acess to occupational health and safety documents.
• Accompanying Labour Inspection.

The next section deals with occupational health and safety management. 

In this section, I wil cite some of the generic principles of action. I highlight the following:

• Avoiding risks.
• Replacing dangerous equipment, tools, chemicals, etc. by non-dangerous or ess dangerous ones.
• Giving appropiate instructions to workers.
• Job-person adaptation.

Most workers will ask "how to assess if there are not occupational risks?", well, there is the occupational risks assessment.

To assess occupationa risks, we can use the INSHT risk assessment method, which is the following:

		Consequences or severity
		Slightly harmful (cuts, headaches)	Harmful (burns, deafness, asthma)	Extremely harmful (amputations, intoxications, fatal accidents)
Probability	Low (rarely, hardly ever)	Trivial (T)	Tolerable (To)	Moderate (Mo)
	Medium (occasionally)	Tolerable (To)	Moderate (Mo)	Important (I)
	High (always, nearly always)	Moderate (Mo)	Important (I)	Intolerable (In)

• Trivial: specific actions are not necessary.
• Tolerable: prevention measures don't need to be improved. Regular checks.
• Moderate: efforts to reduce the risk should be made.
• Important: work shouldn't  start until the risk has been reduced
• Intolerable: work shouldn't start or continue until the risk has been reduced.

Within the working accidents management we can find two types of accidents:

• Accidents investigation: accidents to investigate (INSHT)
• Accidents record and notification.

To sum up with this section, I wil  mention the two types of accidents costs that exist and explained in a global way:

• Costs for companies
• Salaries and compensations to workers.
• Downtime in helping the victim.
• Image loss.

• Costs for the worker and for society:
• For the worker and her/his society
• For society