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Disclaimer: I am not a lawyer.

What my country (Spain) labor legislation does, and I suspect many of the european ones, is not at all what you think it is, don't worry.

The law just allows workers, if they consider their rights to have been breached, to file a demand. It's somewhat complicated, because your employer, in principle, is still free to fire you when they want. In practice, employment here is and has always been, believe it or not, at will. What dismissal is not is "free as in beer": without a good cause (wrongful dismissal), they will have to pay you some quantity of money. With a good cause, it's disciplinary dismissal, which is free. That's true in all but a few cases, which protect you from wrongful dismissal. Say, you're the union's representative, or your son has cancer.

So you can demand to have your dismissal count as wrongful. You're still fired, but at least you get some extra money, including all extra hours, which have to be paid when demanded. If your employer threatens you with dismissal if you don't work 50 hours/week, then dismisses you, the judge could make it void and file a civil suit for threats, so there's still that protection.

But the catch is, no one can force you to enforce your rights. No one can demand your extra hours (any over the standard 40) be paid to you. Workers are still free to kill themselves on insane hours, if they want. In fact, because of ignorance of labor laws and fear of being fired, it's actually pretty common to do so.



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