Labor Law Fundamentals: Rights, Regulations, and Workplace Safety
Public vs. Private Law: Defining the Distinction
The distinction is that *Public Law* rules are intended to regulate the activities of state and government agencies, including when the state interacts with private entities.
Defining Labor Law: A Legal System
Labor Law is a legal system that includes both standards and regulations governing employment relationships.
Distinguishing Characteristics of Labor Law
Labor Law is distinguished from other branches of law because it applies not to any task people can perform, but specifically to a particular type of work, typically characterized by dependency and subordination.
Key Characteristics for Labor Law Coverage
For an occupation to be considered governed by Labor Law, it typically exhibits the following characteristics:
- Voluntariness: The worker freely agrees to perform the work.
- Dependency: The work is performed under the direction and organization of another (the employer).
- Subordination: The worker is subject to the employer’s authority and control.
- Remuneration: The worker receives compensation for their services.
Student Training: Missing Labor Law Features
For a student performing an Administrative Management Training Module in a company, the missing feature, under Labor Law, is typically *remuneration*.
Key Labor Laws and Regulations
The following are recognized as labor laws:
- Law for the Prevention of Occupational Risks
- Organic Law on Freedom of Association
- Workers’ Statute Law
Important Socio-Labor Laws and Their Scope
Key Socio-Labor Legislation:
- Workers’ Statute Law: Covers the rights and duties of workers and employers, rights of collective representation and assembly for workers, and regulations on collective bargaining.
- Organic Law on Freedom of Association: Regulates the constitutional right to organize, trade union legal status, representation, trade union action, and the protection of freedom of association.
- Law on the Prevention of Occupational Risks: Governs the measures and activities necessary for the prevention of work-related risks.
- Law on Offenses and Penalties in the Social Order: Regulates offenses and penalties related to labor matters.
State Body for Labor Policy Direction
The state body responsible for directing the labor policy set by the government is the *Ministry of Labor and Immigration*.
Autonomous Communities: Labor & Social Security Powers
Autonomous Communities, in accordance with the powers they have assumed or that have been transferred to them, may adopt rules and implement state standards in labor and social security matters.
Functions of the Labor Inspectorate
The key functions of the Labor Inspectorate include:
- Investigating violations of labor laws.
- Providing advice on labor regulations.
- Mediating labor disputes.
- Issuing official reports.
- Adopting measures for workplace health and safety.
Labor Inspector’s Action: Undischarged Worker
If an inspector, acting on their own initiative, visits a company and verifies that a worker is *not registered with Social Security*, the inspector’s performance will involve: *recording minutes of offense* and, if applicable, initiating *obstruction clearance* procedures.
Jurisdiction of Social Courts
Social Courts adjudicate conflicts related to individual and collective labor matters, provided that the geographical area does not exceed the province.
Defining Occupational Hazard Prevention
Occupational hazard prevention encompasses all measures taken or planned at all stages of a company’s operations to prevent or reduce work-related risks.
Understanding Occupational Risk Evolution (Assessment)
An *evolution of risk* refers to the employer’s obligation to conduct an initial assessment of risks to the safety and health of workers. This assessment must take into account the specific activities, characteristics of existing jobs, and the workers involved.
This risk evolution must be updated as conditions change and reviewed in the event of any health damage that has occurred.
Employer Duties: Dangerous Activity Training
When an employee joins a company involved in dangerous activities, the employer is required to:
- Ensure the employee’s safety and health at work, as well as the safety of others who could be affected by their work.
- Report any potential hazards to the employee.