Certificado de empresa

Information and questions about the Law in Spain and Andalucia.
TinaTapas
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Posts: 338
Joined: Sat Sep 13, 2008 9:25 am

Certificado de empresa

Postby TinaTapas » Tue Jul 11, 2017 5:03 pm

Does anyone know if días cotizados should include all 30/31 days of each month worked, or just the actual days worked, i.e. weekdays?
My young cousin has just finished a temporary contract that lasted 6 months and it's due to be renewed in October
He's also noticed that the first 2 months of his employment haven't been included in the calculation of the days worked - but the contract does have the correct start date!

Because of the employment situation in Spain, he doesn't want to make a fuss and annoy his employer, but it looks like he's being shortchanged, especially if/when he needs to claim unemployment benefit

Yes, he will consult someone but I just wondered if anyone had experienced this

Many thanks

elusive
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Location: frigiliana

Re: Certificado de empresa

Postby elusive » Tue Jul 11, 2017 9:58 pm

Are you saying that his contract only states or stated he worked x amount of hours/days when he did more?

AkoAko
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Joined: Wed May 03, 2017 7:06 pm
Location: Spain

Re: Certificado de empresa

Postby AkoAko » Wed Jul 12, 2017 6:54 am

The contract should now be a changed to a permanent one as 6 months is the maximum for temporary contracts so renewing in October is a way the employer is getting around that .If he claims unemployment then it will be based on the last 180 days worked and the amount earned in that time but he will have to work a full year first so from that aspect its not relevant . Benefit is calculated as pay declared over last 6 months divided by 180 to give a daily rate , he will then receive 70% of that figure for the 1st 6 months of claim reducing then to 50% for the remaining time he is eligible for contribution based benefit so its the amount earned not the days worked that is the deciding factor for the amount of benefit he receives however the length of time he can claim is dependent on the period worked as he will be entitled to 120 days benefit for each full year worked .Working for 18 months will give him 6 months of claim , 2 years will give him 8 months etc so from that point of view its important the complete time is shown .

Once contribution based benefit has ended and he claims non contributory benefit then the days a week on his contract becomes a factor as will his contracted weekly hours , if his contract says he works for 16 hours a week for instance then he will receive 40% of the full amount , ( 40 hours divide by 16 hours = 40% )

He should be receiving a nominal ( monthly pay statement ) at the end of each month detailing his pay , deductions etc and the data on the Nominal relating to pay will correspond with the information on the governments system .

Employing someone without a contract exposes the employer to fines should they be inspected , some will risk it because of the savings on Seguros ( national insurance ) , its possible the employer here is covering himself should he get inspected by having a contract for his workers but in not showing them working at the end of the month he saves the associated costs of Seguro as the costs are a percentage of employees earnings and like in the UK theres both the employees contribution and the employers contribution but here the employer often pays both as the figures declared are fictitious and the employee is paid the true amount in cash which will be more than declared which is why hours on contracts are lower , the less hours contracted the less pay the employer would be expected to show . Just a thought .

TinaTapas
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Posts: 338
Joined: Sat Sep 13, 2008 9:25 am

Re: Certificado de empresa

Postby TinaTapas » Wed Jul 12, 2017 5:27 pm

Thanks so much, much clearer than all the websites we've been looking at


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