Inalienable Rights, Non-Discrimination & Labor Law: A Comprehensive Guide
Inalienable Rights Principles
This principle of interpretation prohibits workers from unilaterally quitting their jobs. It signifies the renunciation of a legal act by which a worker leaves or ceases to enjoy employment conditions or rights recognized by national laws. These rights are considered unavailable and are necessary components of both national legislation and collective agreements.
Necessary Legal Standards
These standards establish rights that must always be respected. They come in various forms:
- Absolute Minimums/Maximums: For example, a minimum number of vacation days (e.g., 30 days) that cannot be reduced.
- Non-Negotiable Provisions: Such as legally defined causes for disciplinary dismissal or the minimum working age.
These standards do not prevent transaction, a bilateral legal agreement where two parties agree on a course of action to avoid legal proceedings. In labor law, this often takes the form of settlement agreements reached before a trial, typically through administrative channels.
For instance, in cases of dismissal, conciliation is required to explore potential agreements. An employer might acknowledge an inappropriate dismissal and offer reduced compensation. This doesn’t mean the worker waives their rights, but agrees to a reduced amount, often capped to avoid potential fraud.
Prohibition of Waiver vs. Transaction
While the law prohibits the waiver of certain worker rights, employers may choose not to exercise certain rights in specific cases. This doesn’t constitute a waiver but rather a discretionary decision.
Principle of Prohibition of Discrimination and Equal Treatment
Article 14 of the Spanish Constitution (EC) prohibits discrimination, and Article 4.2 of the EC outlines the grounds for discrimination. This principle ensures workers are free from discrimination both before and during their employment.
Discrimination can occur during the hiring process (e.g., not hiring someone based on gender) or during employment (e.g., wage disparities). Proving discrimination is often easier during employment. Common grounds for discrimination include differences in treatment based on sex, religion, or union affiliation.
Spatial Field of Labor Standards
This section addresses the application of labor law when a foreign element is involved, such as foreign workers, foreign employers, or work performed abroad.
Generally, labor law is territorial, meaning each country applies its own rules. However, within the European Union (EU), Community law aims to harmonize labor regulations.
Key Considerations in Cases with Foreign Elements:
- Party Agreements: Agreements between the worker and employer regarding applicable law are considered.
- Public Policy and Mandatory Rules: The rules of the country where the work is performed, especially those related to public safety, will always apply.
Article 1, Paragraph 4 of the Spanish Workers’ Statute stipulates that Spanish labor law applies to Spanish workers hired in Spain by Spanish companies, even when working abroad, subject to the public order rules of the work location. These workers are guaranteed at least the economic rights they would have in Spain.
Attractive Encore: In situations where the employment relationship is established in Spain but the work is performed abroad (e.g., in consulates), Spanish courts may still have jurisdiction.
Movement of Workers within the EU
For companies operating in multiple EU member states, workers may come from any member state. When a worker temporarily moves to another EU member state, the employer must guarantee certain minimum working conditions:
- Working Time: Regulations regarding daily and weekly hours, holidays, overtime, and leave are subject to the most favorable legislation, respecting Spanish law.
- Salary: Minimum wages as defined by collective agreements based on the worker’s category are guaranteed.
- Dignity and Privacy: Fundamental rights related to dignity and privacy are protected.