Labor Law: Classification, Sources, and Regulations

Posted on Feb 19, 2025 in Law & Jurisprudence

Classification of Law

Branches of concern and their subdivisions:

  • Public Interest Groups: Administrative, Financial, Procedure
  • Private Special Interests: Civil, Mercantile, Education (Joint)

Labor Law

Area of law that regulates the individual and collective relationships that develop in the professional field and have their origin in an employment relationship.

Sources of Labor Law

External Sources

They come from outside the Spanish territory.

  • European Union: Community regulations that apply directly to the member countries.
  • Directives: Forcing the outcome but require an internal standard that is developed and adopted.
  • ILO Conventions: Treaties or multilateral/bilateral agreements.

Internal Sources

The Constitution: Articles relating to labor rights:

  • Art. 28 – Right to freedom of association and to strike.
  • Art. 37 – Right to collective bargaining.
  • Art. 35 – Right to Social Security.

Examples:

  • Organic Law: Freedom of Association (LOLS)
  • Ordinary Laws: Law on Prevention of Occupational Hazards
  • Norms with the Rank of Law (NRL): Royal Decree-Law, revised text of the Statute of Workers.
  • Regulations: Simple Royal Decree: Minimum interprofessional amount of money per year.

Sources:

  • Collective agreement
  • Work contract
  • Custom work

Hierarchy of Labor Standards

  1. Directly applicable Community rules.
  2. The Constitution.
  3. ILO Conventions and treaties.
  4. Organic laws.
  5. Ordinary laws and regulations with the force of law.
  6. Regulations.
  7. Conventions.
  8. Contracts.
  9. Custom.

Hierarchy Scheme:

Legislative Branch:

  1. Constitution
  2. Organic Laws
  3. Ordinary Laws
  1. Royal Legislative Decree
  2. Real Decree
  3. Ministry Orders

The Law: Types of Written Legal Rules

The Law (broadly):

Types of Legal Writing:

1. Laws (Strictly)
  • Constitution: Supreme standard; all other legal rules must respect its rules and principles and cannot go against it.
  • Organic Laws: These relate to the development of fundamental rights and liberties contained in the Constitution, and approving the statutes of autonomy.
  • Ordinary Laws: They regulate matters that are not reserved for organic law.

Laws are made strictly by the legislature.

  • The Executive: Government
  • Legislature: Parliament
  • Judiciary: Court
2. Rules of Legal Rank

Dictated by the executive:

  • Royal Legislative Decree: Regulation having the force of law that comes from the executive by parliamentary delegation; articulated texts/consolidated texts, for example, regulations.
  • Royal Decree: Rules adopted in case of urgent need (must be ratified by parliament within 30 days).
3. Regulations

Dictated by the lower administrative organs:

  • Royal Decrees: Approved by the Council of Ministers (Government).
  • Ministerial Orders: Regulations approved by a ministry.

The Hierarchy of Written Legal Rules

The principle of hierarchy implies that lower-level rules cannot contradict those of higher rank, and that rules can only be revoked (terminated) by others of the same or higher rank.

Powers and Duties of the Employer

Power of Direction

  • Ordinary:
    • Power to decide the organizational structure of the company.
    • Faculty to issue orders and instructions in the course of providing labor.
    • Power to check compliance with the performance of work.
  • Extraordinary (Ius Variandi): Power to unilaterally vary the characteristics of providing work.
  • Disciplinary Power: Power to sanction breaches of the worker, with limits on sanctions that do not result in a reduction of salary or reduction involving rest periods.

Duties

  • Respect the rights of workers.
  • Meet labor standards in all aspects (contracts, insurance, etc.).

Principles of Labor Law Application

  1. Principle of Minimum Standard: Labor standards of a higher hierarchy of law establish a necessary minimum that the lower hierarchy must respect.
  2. Principle In Dubio Pro Operario: When a rule is unclear and supports multiple interpretations, always take the one that is best for the worker.
  3. Principle of More Favorable Standard: If several rules can be applied to an employment relationship, the one that is more beneficial as a whole will be taken.
  4. Principle of More Beneficial Status: If a standard sets worse conditions than those contained in the contracts, the latter will be maintained.
  5. Principle of Inalienable Rights: Workers cannot waive the rights established by the rules.