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Children under 16 years of age are prohibited from working by Spanish law. A
work contract concluded with a child under 16 years of age shall be considered
null and void, even though an employer is bound to pay a valid contract's salary
for any services provided. Any breach of the rules governing child employment by
the employer is a very serious offence.
People over 16 and under 18 years of age who have not become emancipated
require the consent of their parents or guardian. If the minor's legal
representative expressly or tacitly authorises him to work, that person shall
also be authorised to exercise his rights and fulfil any obligations arising
from his contract.
Persons under 18 years of age are prohibited from:
- Working at night (between 22:00 and 06:00)
- Working overtime
- Any other activities considered by the government to be unhealthy, laborious,
harmful or dangerous, both to one's health and one's professional and personal
development
The participation of persons under 16 years of age in public events shall
only be authorised in exceptional cases by the employment authorities, provided
it does not endanger that person's physical health or professional and personal
development. Written permission must be granted and be for specific
circumstances.
Disabled Persons
Disabled person means any person whose opportunities for educational, work or
social integration are diminished as a result of a deficiency in his physical,
mental or sensory capacity.
The special protection provided in the Constitution for physically and mentally
handicapped and those with sensory disabilities is laid down in a series of
rules governing various fields: Employment, Tax and Social Security.
The Act on equal opportunities, non-discrimination and universal
accessibility for disabled persons, considers a disabled person to be any person
with a degree of disability equal to or above 33 percent. Qualifying the degree
of disability meets standardised criteria, fixed on a scale. The degree of
disability is the competence of the Autonomous Community or of the Institute for
Migration and Social Services (IMSERSO).
In the Act on the Social Integration of Disabled Persons, guarantee benefits
are regulated by minimal deposits, third-party aid, mobility subsidies and the
reimbursement of transport costs.
Text last edited on: 06/2005
Source: European Union
© European Communities
Reproduction is authorised.
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