Andorra

Andorra's labor laws provide a comprehensive framework for terminating employment contracts.

Lawful Grounds for Dismissal

Employers in Andorra can lawfully dismiss employees for several reasons. These include disciplinary dismissals due to serious misconduct, repeated minor infractions, or a significant decrease in work performance. Collective dismissals may occur due to economic, technical, organizational, or production-related reasons affecting the company's viability. Objective dismissals can be due to the employee's inability to adapt to modifications in the workplace or repeated absences, even if justified, when they reach a certain level.

Notice Requirements

Andorran law mandates specific notice periods based on the length of an employee's service. During the probationary period, notice may be shorter or not required as outlined in the employment contract. This period typically ranges from one to three months, depending on the seniority of the role. After six months of service, one day of notice for every month worked is required, up to a maximum of 90 days.

Severance Pay

While severance pay is not always mandatory in Andorra, certain circumstances generally necessitate it. For objective dismissals, the employer must provide compensation equivalent to 25 days' salary per year of service, up to a maximum of 365 days' salary (approximately one year). If a fixed-term contract (project-based) ends before its agreed term due to reasons unrelated to the employee, compensation may be required.

Important Considerations

Employment contracts can stipulate additional terms for termination and severance, as long as they meet or surpass the minimum legal requirements. Employees have the right to challenge dismissals they consider unfair through labor tribunals. It is always advisable to seek guidance from a legal professional specializing in Andorran labor law.

Andorra's primary legal sources for anti-discrimination include the Andorran Constitution of 1993, the Penal Code, and the Law on Equality and Non-Discrimination (2019). Article 6 of the Constitution enshrines the principle of equality, expressly prohibiting discrimination on various grounds. Andorra's Penal Code criminalizes various discriminatory acts, including incitement to hatred, discrimination, and violence based on protected characteristics. The Law on Equality and Non-Discrimination (2019) expands and strengthens anti-discrimination protections across various areas of life.

Protected Characteristics

Andorran law prohibits discrimination based on birth, race, sex, origin (national or social), religion, opinions (political or otherwise), and any other personal or social condition. Specific areas where discrimination is outlawed include employment, housing, education, goods and services, and health.

Redress Mechanisms

Victims of discrimination in Andorra have several options. They can approach the Ombudsman (Raonador del Ciutadà), an independent office that investigates complaints and can mediate or issue recommendations. The Labor Relations Department (Departament de Relacions Laborals) handles discrimination complaints within the employment context. Individuals can also file civil lawsuits for damages or seek injunctions against discriminatory practices. Criminal charges may also be filed in certain cases.

Employer Responsibilities

Employers in Andorra have a legal duty to implement non-discrimination policies, prevent discrimination, provide training, and address complaints. They are required to develop and enforce policies against discrimination and harassment in the workplace, take proactive measures to prevent discriminatory practices, educate employees about anti-discrimination laws and workplace policies, and properly investigate and take action in cases of alleged discrimination or harassment.

Andorra's anti-discrimination landscape is evolving. It's advisable to consult an Andorran legal professional for the most up-to-date and specific guidance.

Andorra adheres to specific regulations regarding working conditions, ensuring employee well-being and productivity.

Work Hours

In Andorra, the standard workweek follows a 40-hour schedule, with most employees working from Monday to Friday. Overtime work is permitted, but with limitations. Employees cannot exceed 12 hours per week, 48 hours per month, and 426 hours per year.

Rest Periods

Andorran law mandates a minimum rest period of 12 consecutive hours between workdays. Employees are entitled to at least one full day of rest per week, typically on Sunday. If the workday is six hours or more, employees are entitled to a minimum break of 30 minutes.

Ergonomic Requirements

While Andorran legislation doesn't explicitly outline ergonomic requirements, general occupational health and safety regulations mandate employers to provide a safe and healthy work environment. This may include suitable workstations and equipment to minimize musculoskeletal strain, proper lighting and ventilation to prevent fatigue and eye strain, and training on safe work practices to reduce the risk of injuries. While there isn't a specific law on ergonomics, best practices and potential future regulations might influence how employers approach workplace setup.

Andorra, like many European nations, prioritizes worker safety through a framework of regulations. These regulations outline the obligations of employers, the rights of employees, and the enforcement mechanisms to ensure a safe work environment.

Employer Obligations

Andorran employers hold significant responsibility for workplace health and safety. Here's a glimpse into some key obligations:

• Risk Assessment and Prevention: Employers must conduct risk assessments to identify potential hazards in the workplace and implement preventative measures to mitigate those risks.
• Provision of Safe Equipment and Training: Employers are required to furnish employees with suitable work equipment that meets safety standards. Additionally, they must provide adequate training on the safe use of equipment and proper work procedures.
• Maintaining a Healthy Work Environment: This includes ensuring proper ventilation, lighting, and hygiene facilities to minimize health risks.

These are just a few of the employer obligations outlined in Andorra's Occupational Health and Safety Regulations.

Employee Rights

Andorran employees have the right to a safe and healthy workplace. This translates to several key rights, including:

• Right to Information and Training: Employees have the right to be informed about potential workplace hazards and receive proper training on safety procedures.
• Right to Refuse Unsafe Work: If an employee believes a work situation poses a serious threat to their health or safety, they have the right to refuse to perform the task.
• Right to Report Violations: Employees can report any observed violations of health and safety regulations to the relevant authorities.

Understanding these rights empowers employees to actively participate in maintaining a safe work environment.

Enforcement Agencies

The responsibility for enforcing health and safety regulations in Andorra falls under the purview of the Department of Labour Inspection. This department conducts workplace inspections to ensure compliance and can impose fines on employers found to be in violation of the regulations.

Andorra's commitment to worker safety is further bolstered by its adherence to the European Social Charter. The Charter outlines specific provisions regarding health and safety at work, which Andorra has partially adopted.

By understanding these regulations and their enforcement mechanisms, both employers and employees can contribute to a safer and healthier work environment in Andorra.