Introduction to Employment Law in Spain
Introduction to Employment Law
1. The Labor Law
It is a branch of the law regulating the relations created through voluntary, paid, dependent, and dealer work.
2. Industrial Relations
2.1. Features
For a relationship to be considered “working,” it must be:
- Voluntary: The employee signs a contract freely.
- Employed: The fruits of the work belong to the employer.
- Paid: The worker should receive a salary or wage.
- Personal: Work must be done personally by the worker, not by another person on their behalf.
- Dependent: The worker is subject to the power, organization, and discipline of the employer.
2.2. Special Labor Relations
These are regulated by specific regulations and include:
- High-ranking staff.
- Domestic workers.
- Prison inmates.
- Professional athletes.
- Artists in public spectacles.
- Individuals engaged in commercial transactions on behalf of one or more businesses without assuming the risk of operations.
2.3. Excluded Relations
These relationships lack some of the required features and include:
- Mandatory personal benefits.
- Services of a counselor or member of management bodies in companies that are societies.
- Work relationships based on friendship, goodwill, or neighborliness.
- Family work that exhibits the condition of employees from whom the work originates.
- Individuals involved in commercial operations, assuming the risk of operations.
2.4. Rights and Duties of Workers
Rights:
- Right to free association.
- Right to collective bargaining.
- Right to strike.
- Right to assembly.
- Right to professional development, promotion, and training.
- Right to non-discrimination.
- Right to physical integrity and proper safety and hygiene policies.
- Right to timely payment.
Duties:
- Fulfill job duties diligently and in good faith.
- Observe safety and hygiene measures.
- Follow the employer’s orders.
- Refrain from competing with the employer for whom they work.
3. National Sources of Labor Law
The origin of labor law rules in Spain stems from:
a) Laws and Regulations of the State:
- Spanish Constitution of 1978: The supreme law of the entire legal system.
Laws:
- Organic Laws: Regulating fundamental rights and civil liberties.
- Ordinary Laws:
Rules with the Force of Law:
- Legal Decrees:
- Royal Decrees/Laws: For extraordinary and urgent necessity.
Regulations:
- Royal Decrees:
- Ministerial Orders:
- The Spanish Constitution of 1978 and laws originate from Parliament.
- Rules and regulations originate from the government.
b) Collective Agreements
Agreements between worker and employer representatives establishing working conditions for workers within their scope.
c) Willingness of the Parties Expressed in the Contract
d) Seasonal Customs
Rules created by the repeated and consistent conduct of a community. They apply only in the absence of laws and contractual agreements when there is an express referral. Customs are local and professional, applied in the specific locality and profession invoked.
4. Principles of Application and Interpretation of Labor Law
When different types of rules coexist in labor law, problems may arise when applying the appropriate standard. Therefore, the following principles are established:
a) Principle of Hierarchy:
Higher-ranking standards prevail over lower-ranking ones.
Spanish Constitution
Act
Decree/Ordinary Law/Royal Legislative Decree/Law
————————————————– —
Regulation
————————————————– ————
Collective Agreement
————————————————– ————————
Work Contract
————————————————– ————————————–
Uses and Customs
————————————————– ————————————————-
b) Principle of Minimum Standards:
Higher standards prescribe the minimum content of standards within their scope. A lower standard cannot worsen the working conditions established by a higher one but can improve them.
c) Principle of More Favorable Rules:
If two or more rules can be applied in a particular case, the one most favorable to the employee will apply as a whole.
d) Principle of”In Dubio Pro Worke” or Interpretation in Favor of the Employee:
When interpreting a rule, the interpretation most favorable to the worker will be applied.
e) Principle of Most Beneficial Condition:
If a rule is approved that establishes worse conditions for workers than those under a prior agreement, contract, consent, or company decision, the more beneficial conditions will prevail.
f) Principle of Inalienability of Rights:
Workers cannot waive the rights granted to them by law.