Spanish practices
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The terms Spanish practices or old Spanish customs are British expressions that refer to irregular or restrictive practices in workers' interests. Typically, these are arrangements that have been negotiated in the past between employers and unions.
The issue arises because, in British law, a contract of employment consists of both expressed and implied terms.[1] Implied terms can arise through "custom and practice". Historically, alteration of these terms has been by negotiation and collective bargaining.
Examples
For example, if it has been the habit to release staff when the day's work is done (such as, today's newspaper is printed), then that becomes the de facto contract of employment. If some workers are required to stay on to do additional tasks, then it may be more convenient to pay these workers to do so (since otherwise they are not being treated equitably and/or have no incentive to do so). Over many years of incremental negotiation, the original rationale may be lost and a point reached where all workers are being paid a supplement merely to complete a normal shift. With the benefit of hindsight, such an arrangement might be described as a "Spanish practice".
The expression was widely used in reporting the
Main types of "Spanish practices" include allowing workers to go home before the end of their shift if they have completed their scheduled work; negotiable paid overtime within normal working hours after completing scheduled work, regardless of remaining working hours; automatic overtime pay if production reaches a certain level regardless of remaining working hours; no overlap between functions in the same workplace (demarcation); and overtime pay to cover absence of colleagues.
Implications and history
The term is viewed by people of Spanish origins as pejorative[3][4][5] or politically incorrect.
According to
Citing the origin of the term, Rees said usage goes back to the
Since the days of strong unions in the 1960s and 1970s through the
In Popular Culture
The Season 6 finale of the American crime drama television series The Shield is called "Spanish Practices".
References
- ^ Citizens Advice Bureau What is a contract of employment
- The Press Association.[dead link]
- ^ Wordsworth, Dot (2007-10-20). "Mind your language". The Spectator. Archived from the original on Apr 25, 2023.
- ^ "Spanish practices". iGreens.org.uk. May 5, 2006. Archived from the original on 2007-10-13. Retrieved 2007-10-10.
- TheGuardian.com. Archivedfrom the original on Apr 25, 2023.