Introduction to Spanish Labor Law

Posted on May 23, 2024 in Law & Jurisprudence

TRAINING UNIT 1. LABOUR LAW.

INTRODUCTION

Good professional performance involves knowledge of the fundamental rights and freedoms of citizens, as well as our rights and obligations as workers. This training module includes a thematic section devoted exclusively to Labour Law and Industrial Relations.

What do we mean by the term “right”? We refer to the set of legal norms (rules) that govern the behavior of people in society. These rules are mandatory, and the state can use different “coercion” mechanisms to enforce them.

Consequently, we can define labor law as a set of legal rules governing the relationship between employer and employee.

2. THE ORIGIN OF LABOR LAW

This set of legal rules governing the relationship between employer and employee, which we call Labour Law, has a relatively recent origin in the Industrial Revolution of the 18th and 19th centuries. During this time, industries housed many workers who endured inhumane living and working conditions, including:

1. Unregulated working hours (piece work) often extending up to 19 hours daily.
2. Child labor without age limits or mandatory education.
3. Poor health and safety conditions with frequent industrial accidents.
4. Lack of social protection (Social Security).
5. Lack of rights, with actions like striking considered a crime.

COMPARATIVE TABLE

These conditions triggered workers to organize and fight for better living and working conditions. In England, trade unions emerged as groups of employees who struggled to defend their work and social interests. These trade unions are considered the most immediate antecedent of the modern labor union.

WORKERS ORGANIZE

This social upheaval forced the State to intervene in these social issues by limiting working hours (40 hours per week), implementing safety and health regulations, recognizing the right to strike, and allowing the formation of unions and social protection measures. In the 20th century, social rights became constitutionally established, requiring recognition by state authorities.

THE STATE INVOLVED IN THE SOCIAL QUESTION

This marked the origin of Labour Law, establishing it as a protector of worker status.

1. THE EMPLOYMENT RELATIONSHIP COVERED BY THE LAW

Labor law governs the relationship between employer and employee, where the worker provides a service (work) for the employer in a personal, voluntary, and dependent manner, in exchange for a fee or salary. For an employment relationship to be regulated by labor law, it must meet the five characteristics stipulated in Article 1 of the ET:

1. Personal: The work must be done by the hired individual.
2. Volunteer: Work must be given freely and voluntarily, without coercion.
3. Persons: The benefits of working are for the employer.
4. Dependent: Work is provided within the organization and management of the employer.
5. Paid: The employee must receive remuneration or salary for their services.

NOT ALL LABOR RELATIONS ARE REGULATED BY LABOR LAW

1.1 LABOR RELATIONS EXCLUDED FROM REGULATION BY LABOR LAW

Several relationships are excluded from regulation by Labour Law and are instead regulated by other legal frameworks:

• Service officials and government staff (administrative or statutory scheme).
• Mandatory personal benefits.
• Activity of a company director (corporate organ).
• Unpaid work based on friendship, benevolence, or neighborliness.
• Work for family living and second-degree relatives.
• Commercial operations where the individual assumes the risk and peril.
• Any other relationship that does not meet the characteristics outlined in Article 1 of the ET.

1.2 SPECIAL INDUSTRIAL RELATIONS

These labor relations receive special consideration due to the specific nature of the services provided by the worker (e.g., artists, footballers, domestic workers). They are governed by specific regulations (decrees).

2. SOURCES OF EMPLOYMENT LAW

By “sources of Labour Law,” we mean the set of rules and principles governing labor relations.

2.1 INTERNAL SOURCES OF EMPLOYMENT LAW

These include:

1. THE CONSTITUTION: The most important legal document in the state, taking precedence over all other laws. It provides the framework for developing other rules and laws and binds both citizens and public authorities. It comprises a preamble, ten titles with 169 articles, four additions, nine transitional provisions, a repeal, and a final provision.
2. THE LAW: Legal standards adopted by the Cortes (Parliament), which can take two forms:
   • ORGANIC LAW: (Further information can be found in the Constitution.)
   • REGULAR LAW: (Further information can be found in the Constitution.)
   • In the case of Autonomous Communities (CAAC), autonomous parliaments approve Autonomous Laws.
3. STANDARDS WITH THE FORCE OF LAW:
   • Decree-Laws: Interim rules issued by the Government in cases of extraordinary and urgent necessity. They must be validated or repealed by the Congress of Deputies within 30 days of publication.
   • Legislative Decrees: Regulations issued by the Government under delegation from Parliament (Delegated Legislation).
4. REGULATIONS: Rules issued by the Government, which can be:
   • Decrees: Issued by the Council of Ministers.
   • Ministerial Orders: Issued by a specific ministry.
5. COLLECTIVE AGREEMENTS: Agreements between worker and employer representatives to regulate working conditions.
6. WORK CONTRACTS: Agreements between individual workers and employers to regulate working conditions.
7. LABOR CUSTOMS: Standards created and enforced through the practices of employers and workers in a particular industry, trade, or profession.
8. PRINCIPLES OF LAW: Criteria, rules, and aphorisms present in law that are applicable when no specific law or custom exists (e.g., good faith, acting as a good family man).

2.2 EXTERNAL SOURCES AND THE EUROPEAN UNION OF EMPLOYMENT

These sources have an international character. The most important are:

• Agreements of the International Labour Organization (ILO): The ILO is a specialized agency focused on labor issues, aiming to improve working conditions globally through normative action, information dissemination, and technical assistance. Created under Part XIII of the Treaty of Versailles, it gained legal significance with the General Conference in Philadelphia, which established a set of principles related to employment, poverty, and general situations of need. Spain joined the ILO in 1919. Key components include:
  • The General Conference: The deliberative body where each member state is represented by four individuals (two government representatives, one employer representative, and one worker representative). It meets at least annually to approve budgets, conventions, and recommendations.
  • The Governing Body: Consists of 56 members and is responsible for developing budgets, preparing for the General Conference, and appointing the Director-General.
  • International Labour Office: The permanent secretariat, responsible for the organization’s day-to-day operations.
• Conventions and Recommendations: These instruments aim to unify criteria applied to human, political, civic, economic, and social rights. Some of the most important include:
  • Universal Declaration of Human Rights (1948)
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social and Cultural Rights
• Agreements and Treaties between two or more States: Primarily focused on protecting migrant workers. These conventions and treaties must be ratified by the state and published in the Official State Bulletin (BOE) to be legally binding. “Validly concluded treaties, once officially published, form part of domestic law.” (Article 96 EC). The Vienna Convention of 25 May 1969, ratified by Spain in 1979, establishes the legal framework for creating, implementing, and terminating treaties.
• Regulations and Directives of the European Union: The EU is the result of the European integration process. Its legal instruments include:
  • Regulations:
    • Have general application.
    • Are binding in their entirety.
    • Are directly applicable.
    • Must be substantiated with proposals and reports.
  • Directives:
    • Require adaptation by the member state.
    • Aim to harmonize laws.
    • Set out objectives that member states must achieve.
    • Must be substantiated with proposals and reports.