If you’ve typically only had good bosses, leaders and superiors in the workplace, it’s hard to realize when the bad shift manager decides to commit illegalities at work.
The other extreme is even worse. If you’ve always had selfish bosses, more worthy of being villains in a James Bond moviethen you may not know how to say no to certain requests, or consider certain injustices normal.
To give you a hand in this regard, and to inform you about what you can and cannot be legally ordered to do in your workplace, here are 10 requests or situations imposed by your superior to which you should speak up. “No” sharply.
Once you have identified an unfair, hostile or illegal situation, first of all Get informed properly to ensure that you have justice on your side.
Once you have this step confirmed, before acting consult with your employment advisor or your Human Resources representative. It is better to remain professional to the end than to try to use hostility to end hostility is usually not a good idea.
1. Forbid yourself from talking about your salary with other coworkers
Maybe your boss doesn’t like you revealing to your coworkers how much you earn each month, but there is no law against it.. They can’t fire you for it either. What’s more, it is important to discuss these issues in order to avoid gender pay gaps, for example. If we don’t put our cards on the table, it is difficult to find solutions.
Pay attention to that: Yes, you can be fired for breaking a confidentiality clause that you signed when you started working. Surely within this clause there is information that you should not share and that is related to the company’s strategy: clients, computer tools, procedures, organizational systems…
2. Not paying you overtime (or forcing you to exceed the maximum annual figure)
As explained in the blog Employment Office, Overtime is one of the most sensitive issues in today’s working world. However, it is important to defend yourself as a worker and know how to say “No” when certain conditions are not met.
For a start, All overtime hours generated must be compensated either with money or with days off (or hours of rest). The compensation must be applied within 4 months of the completion of said overtime hours. If it is money, it must be reflected in the payroll and cannot be less than one hour of normal work. Finally, the maximum number of overtime hours is 80 per year.
3. Discriminate (against you or other coworkers)
Article 314 of the Penal Code protects workers from all types of discrimination “because of their ideology, religion, or beliefs, their family situation, their belonging to an ethnic group, race or nation, national origin, sex, age, sexual orientation or identity, or gender, reasons of gender, aporophobia or social exclusion…”.
This means that none of these reasons should become the pillar that supports any type of business decision, from the moment of hiring going through possible promotions or advancements, as well as layoffs.
4. Treating you as an employee when you are actually a self-employed professional
For several years now, the Labour Inspectorate has been doing more to detect and reduce the number of false self-employed workers. These are workers who are forced by the company in question to register as self-employed, But instead of being treated as such, they meet almost all the conditions and characteristics of salaried employees.
The main reason behind this illegal racket It is the saving of social costs by the company. Broadly speaking, a truly self-employed professional has his own equipment and means of production and chooses the remuneration for his services; if you are legally self-employed, but the company provides you with its equipment or imposes your salary, you are probably falsely self-employed.
5. Sanctioning or firing you for your civil behavior on social media
Your boss cannot fire you, scold you or reprimand you. for a post of yours on Facebook that he didn’t like because he doesn’t share your opinion. The big exception, as Ayce Labor Tax points out, is if your post or opinion objectively threatens public order (for example, with racist or fascist comments, with calls to incite violence, etc.).
And can you be fired or sanctioned for publicly criticizing your company on social media? If your post includes truthful information and is free of insulting or offensive language, it will be difficult for you to be fired because it would be a case of freedom of expression. But if you are insulting, degrading or defame opinions in the form of truths, yes there is a chance that you will get into trouble.
6. Turning a blind eye to any hostile or harassing behavior
As the portal points out Lawyer.comthe employer is responsible for protecting the legal rights of its employees in the workplace. This means that you must preserve security and nip in the bud any hostile, discriminatory behavior. and/or related to sexual harassment.
If, unfortunately, you have been the victim of such behavior, you go to your boss, and he or she directly or indirectly wants you to forget about the issue, or remains impassive, his conduct is reprehensible. You should probably escalate the complaint to your HR point of contact or your employer’s direct manager.
7. Asking illegal questions during the job interview
Illegalities can begin even before you are hired by the company. A job interview should be conducted using objective and neutral questions that aim to discover your professional profile, your skills, aptitudes and attitudes… So everything that has to do with the personal sphere corresponds to an illegal practice.
If an interviewer starts asking you if you are in a relationship, if you plan to become a parent, or what your religious beliefs are, Remind him of Article 14 of the Spanish Constitution: “Spaniards are equal before the law, and there shall be no discrimination based on birth, race, sex, religion, opinion or any other personal or social condition.”
8. Force you to sign a legally void non-compete agreement
Non-compete agreements are not illegal per se. They serve to preserve the knowledge, skills or work methods that led a company or entity to success. Their objective is that, when a worker finishes his or her work activity in said company,or can work for a period of time in a similar position. This way, your experience will not harm or benefit your rivals.
However, for a non-competition agreement to be valid, the company must prove that its activity could really be harmed if the employee divulges important strategic information. This agreement cannot last longer than the duration of the contract. Finally, since the employee agrees not to work for a period of time, the company must compensate you financially.
9. Paying you less than the Interprofessional Minimum Wage
If you work full time, Your annual gross salary cannot be less than the annual Interprofessional Minimum Wage. When referring to gross salary, the IRPF withholdings, Social Security contributions or other concepts are not taken into account, as the blog points out. Oney.
Therefore, you have the right to report any salary condition below the SMI. Attention: do not believe the excuses that are given to you about your salary being reduced.but they will compensate you by paying for transportation or meals. These types of compensations do not count towards your gross annual salary. They are extras, benefits, but nothing more.
10. Lowering your salary without prior notice
You probably won’t be happy to know that A reduction in salary, whether individual or collective, is legal as long as the established conditions are met. by article 41 of the Workers’ Statute. The major exception that you should take into account is if a notification has not been made in this regard.
Your employer is legally required to notify you of this salary reduction at least 15 days before it takes effect (there are exceptions, but they depend on the agreement in question). Explanatory communication is unfortunately not necessary, but if you suddenly see that your salary has decreased, and you didn’t know anything about it, you have the right to complain.
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