Discrimination in the workplace is a serious problem for today’s workers. Unlawful employment discrimination creates a work environment in which the workers suffering discrimination are faced with an unpleasant and possibly illegal work situation. At its worst, the workers who are subjected to such  illegal actions may lose their jobs and even become unemployable.The only “good news” is that workers subjected to employment discrimination can protect themselves because such discrimination often is illegal. If an employee or job applicant thinks that he or she has been subjected to job discrimination, here are five tips that the worker should employ to make sure that his or her discrimination claim is given proper attention.1. The worker needs to know and understand the employer’s rules and procedures that apply when employment discrimination or harassment is alleged.If the worker wants his or her claims to be taken seriously by the employer, the worker has to properly bring an employment discrimination or harassment claim to the employer’s attention. If the worker follows the company’s rules, then he or she is in a better position to insist that the employer follow those same rules — including timetables for resolving the claims — as well.2. Make sure that the employer knows about any existing or potential employment discrimination.An employer can’t take action until it knows about a worker’s discrimination claims.3. Keep a record of claims and the steps taken to resolve the problems.An employer is unlikely to believe that there has been employment discrimination in its business unless it is confronted by believable claims with adequate proof. Accordingly, the worker must keep a detailed record of the alleged incidents. These records should include the names of the parties involved, when the alleged incidents took place, the names of any witnesses, and where the incidents took place. The employee or job applicant should also keep a detailed record of his or her actions taken to resolve the problems, including the details of conversations with company representatives.By taking these steps, the worker can show that he or she is taking this problem seriously and expects the company to reply in kind.4. If the worker has preserved any evidence of the alleged harassment or discrimination, he or she should keep it. Such evidence might include offensive objects or pictures.Evidence such as this will be helpful in authenticating and resolving the claims.5. Consider asking for the help of the Equal Employment Opportunity Commission (EEOC), which is the federal agency that deals with employment discrimination, or the state equal employment agency.It may be a good idea for an employee or job applicant to take their claims to the Equal Employment Opportunity Commission (EEOC), if they don’t think that the employer will pay proper attention to their complaint. The EEOC will then either investigate the claims itself, or ask the appropriate state agency to investigate. A worker can get EEOC help without obtaining an attorney, so he or she will not be faced with attorney fees at this stage. An employer may be willing to compromise with the worker if the EEOC concludes that the employer may have harassed or discriminated against the worker. However, if it does not appear that there will be a settlement, then the worker should retain an attorney to help with administrative hearings or judicial proceedings. An attorney will help the worker to get through administrative or judicial proceedings.If worker follows these tips, he or she will have presented their claim in the best way possible and  will have done their best to make sure that justice is done.

Just as in the UK and most European countries, taking on staff in Spain means a sharp increase in the amount of risk and bureaucracy involved in the business. In general Spain has lower wages but more bureaucracy and non-wage costs. The risks and costs must be understood and minimised prior to taking on staff to avoid nasty surprises and burdens which can threaten the success of the whole enterprise. This article looks at the main features of employment law and hiring staff in Spain and discusses some of the ways of mitigating the risks.Employment law – the basicso Employees must have employment contracts from their first day of employment. If you are using British expat staff they should have their NIE and residency documents (for advice on how to get a NIE number see below)o Minimum wages and employment conditions such as disciplinary procedures and holiday entitlement are set by “Convenios Colectivos” in different sectors and regions e.g. hotel and catering trade works in Malaga province.o There are a variety of contract types but essentially the choice is between offering a fixed term contract or a permanent contract. Contracts can also be tiempo completo (full time being usually 40 hours) or parcial (part time). In the latter case wages are scaled down according to a weekly number of hours stated in the contract. There are some special contracts with government tax incentives to take on for example unemployed workers or women in sectors where they are underrepresented.o Redundancy pay is payable once an employee has served a year and can be up to 3 ½ year’s salary (it goes up 45 days a year served, although this can be less on the incentivised contracts).o Expect to pay approximately 40% of the basic wage in non-wage costs, mainly being employer’s social security contributions which are very high in Spain though some incentivised contracts reduce this cost by up to 75%.o The employer is responsible for deducting employee national insurance contributions (approximately 6% of pay) and income tax, similar to UK PAYE, from the monthly wage or “nomina”. A full analysis of the employee’s wages and deductions for the month must be presented to them and a signed copy kept by the employer.o Other employee rights: normally 23 days a year holiday entitlement plus national and local fiestas (depends on the Convenio as employees in certain sectors expect to work holidays but are compensated elsewhere). The employee can chose to have pay spread over 14 instead of 12 times a year with additional pay days in July and December. Maternity leave is 4 months and there is other time off built in for marriage, deaths, births and moving house. Sick pay is usually paid by the social security system.Employing staff – the risksBreaking the lawAs a foreigner setting up a business in Spain it is important to understand the rules and regulations governing employment and attempt to stay within them. Falling foul of the law can lead to heavy fines and the authorities are strict because they know abuse is widespread. For example if you have an uncontracted worker helping you out during an unscheduled visit from government inspectors do not expect to be able to use an excuse even if the “helper” is a spouse.Under-appreciating employee rightsAs we have seen the main effect of the heavy regulatory framework, the tax laws and the Covenios is to protect and promote the rights of the employee. It is the employer that pays the price for this, perhaps not in terms of basic wages which are still lower than in many European countries, but in terms of non-wage costs and employee rights to severance pay and other benefits. Possibly the biggest risk to a small business is taking on staff on the basis of a headline wage and not appreciating the additional burdens of being a Spanish employer, particularly when offering full time permanent contracts.Cashflow and profitability implicationsIf you fail to understand and then budget for paying all associated employment costs at the right time, there is a real danger of cashflow difficulties or profits being eroded. Salaries are paid monthly in arrears and national insurance a month later. Income tax withheld from employees is payable at the end of each quarter which can be a nasty shock for the uninitiated. As has been mentioned severance pay can be substantial.Risk mitigation: smart staffingThe most important thing to do is to think before you take on potentially expensive commitments and take professional advice. Many firms including mine will give new businesses some free advice before they begin operating and offer comprehensive payroll and employment services when they do.Many businesses in Spain avoid some of the costs and burdens of employment law by going “black” and paying workers cash in hand. This is of course risky as it is fairly easily detected by government agencies particularly if the “employee” has no contract whatsoever. If an employer gives a part time contract to staff actually working full-time and then tops up the wages in cash this is harder to detect but still carries a risk.A smarter approach is to take advice on the different contracts available and match the commitments you are making to staff with how definite you are about future income levels. Use can be made of temporary contracts or those that attract government subsidy. Another option is to make some of your “employees” actually self-employed, where they register independently for social security and tax but work solely for your business. For details see of social security implications see:

So you have found that dream job you have been looking for. You have painstakingly completed your application form, delivered a well prepared interview and now you are waiting for that “your hired” phone call! But while you sit patiently waiting for your phone to ring, what are your prospective employers doing? What did they do to get to this stage? Most important of all, can this knowledge give you the edge on your competitors?The advert:Most vacant jobs will be found via an advert. The choice of publications for an employer is continually growing, with preferred media including, newspapers, magazines, specialist publications, and of course the internet. Whatever the media, the principle is the same. An advert will be designed to get the attention of the employer’s ideal candidate. The advert will be basic while containing all of the information essential to the ‘would be’applicant. Details may include the closing date, salary, basic duties and requirements of the post and possibly some background information on the company offering employment.It is worth remembering that there will be information in the advert which should aid the completion of an application form. Employers will be detailing what they are looking for and the activities that the job will fill. It will be worth baring this in mind while applying for the role. Be warned however, although most jobs accept application forms up until a closing date, some employers reserve the right to close a job early on receipt of sufficient application forms.The shortlisting:Once the closing date has passed or sufficient application forms have been received, the shortlisting process begins. Some application process will be completed through specialist websites (such as NHS jobs). In these cases it is possible for application forms to not even reach the employer if the applicant does not meet the minimum requirements of the post. For those application forms that do get through, the employer will assess each application against the essential criteria of the person specification. The employer will often go straight to the personal statement/or supporting information sections, as it is here that the employer will be expecting to see how you have demonstrated that you are right for the job (assessed against the person specification). Employers will often have in mind the number of people they would like to interview. In this case applicants may also be assessed against desirable criteria. If you are unsuccessful in being selecting for interview, most employers will not inform you and if you have heard nothing after a month, it’s fair to assume you have not been selected. Many employers will prefer to communicate by email.The interview:In being selected for interview, you may be given anything in terms of notice. How much notice you are given will vary greatly but usual practice will be anything from 2 weeks to 2 days, so it’s important that the necessary arrangements are in place with your current employer just incase you are successful. In preparing for interview it is important to assess yourself against the person specification of the job. Try to think of how you can fulfil each requirement and be prepared to give practical examples of each. These examples to not have to come from your current employment, they are just as valid if they come from your personal life too. If you do not fulfil a certain aspect, it is important to be prepared to state how you can fulfil the post regardless, and even better if you can show how your are taking active steps to correct or improve any weak areas.Employers will often ask about you in general and will always ask if you have any questions for them. Try to think of these in advance as employers will appreciate the proactive person who has taken the time to think about this. Remember all questions will relate to the job in some way, even if it is not obvious! Finally it is always recommended to be punctual, polite and attend any job interview with a smart appearance. Once the interview is over, employers may take anything up to a week to make their decision on who to employ. All candidates will be telephoned with a decision either way, with the successful candidate usually being the last contacted.