Labor Law Fundamentals: Spain and the European Union

Posted on Nov 30, 2024 in Law & Jurisprudence

1. Definition of Labor Law

Labor law comprises the rules and principles governing social relations in employment, including constitutional, civil, criminal, administrative, labor, social security, taxation, finance, commercial, international, and EU employment law.

2. Employee-Employer Relations

Labor law regulates the relationship between employees and employers, originating from employment contracts or collective agreements.

3. The European Union and Labor

Spain joined the EU in 1986, which now comprises 27 countries. The EU’s main goals include the free movement of:

  • Workers
  • Establishment of businesses
  • Provision of services

3.1 EU Labor Objectives

  • Creating a European Social Fund for worker mobility.
  • Establishing European social law to harmonize national laws and policies.

3.2 EU Standards

  • Regulations: General, directly applicable rules in all countries (e.g., free movement of workers).
  • Directives: Rules addressed to Member States to achieve certain objectives, allowing national implementation methods (e.g., time changes).

4. Sources of Spanish Labor Law

These are individuals or social groups that create legal standards, primarily through the Workers’ Statute.

4.1 Legislature

The Parliament (Cortes Generales), composed of the Congress of Deputies and the Senate, creates laws:

  • Organic Laws: Deal with fundamental rights and freedoms, requiring an absolute majority vote (e.g., Law of Association).
  • Ordinary Laws: Approved by a simple majority vote.

4.2 Executive Branch

The Government, led by the President, creates two types of rules:

  • Rank Law (Consideration):
    • Decree-Law: For urgent and extreme necessity, requiring Congressional validation within 30 days (excluding fundamental rights).
    • Legislative Decree: Issued with legislative consent.
  • Regulatory Standards: Government develops and details legal standards.
    • Royal Decree: Issued by the entire government.
    • Ministerial Orders: Issued by a single minister with approval.

4.3 Collective Bargaining

Workers and employers negotiate working conditions, resulting in collective agreements that set rights and obligations.

4.4 Employment Contract

Agreement between employer and employee outlining working conditions, rights, and obligations.

4.5 Work Habits

Unwritten rules based on local and professional customs, applicable only in the absence of written rules.

5. Implementation of Labor Standards

Hierarchy of Norms:

  1. EU Regulations
  2. Constitution
  3. Treaties
  4. Laws (Organic, Ordinary, Decree-Law, Legislative Decree)
  5. Regulatory Standards (Royal Decrees, Ministerial Orders)
  6. Collective Agreements
  7. Work Habits

Lower-ranking norms cannot contravene higher-ranking ones. The most favorable standard for the worker applies, especially in matters like working hours, salary, and time off.

6. Principles of Labor Law

Legal principles provide unwritten benefits for individuals or judges:

  • Pro-Worker Principle: In case of doubt, the most favorable interpretation for the worker applies.
  • Favorable Rule Principle: When multiple rules address the same issue, the most favorable quantifiable rule for the worker applies.
  • No Waiver of Rights: Workers cannot waive their rights if it causes them harm.

7. Social Courts

Social courts are responsible for resolving labor disputes. Citizens have the right to effective judicial remedy.

Organization of Social Courts in Spain:

  1. Social Court: Resolves disputes within a province.
  2. Social Chamber of the High Courts of Autonomous Communities: Resolves disputes within an autonomous community.
  3. Social Chamber of the Audiencia Nacional: Resolves disputes spanning multiple autonomous communities.
  4. Social Chamber of the Supreme Court: Handles appeals against decisions from lower social courts.