Labor Law Origins, Employment Contracts & Sources in Spain
Origins of Labor Law
Origins of labor law: Labor law plays a critical role in today’s society, affecting a large proportion of the population of workers. It appeared in the nineteenth century as a response to the economic and social problems that arose during the Industrial Revolution and to the desire to protect the weakest party in the employment relationship.
Employment Relationship
Relationship: Not every work done by a person is considered an employment relationship. A worker is considered to be in an employment relationship when the necessary features are present.
The essential features of an employment relationship include:
- Voluntary: The employee signs a contract freely.
- Remunerated: The worker receives economic compensation in return for the work performed.
- Personal: The work must be performed personally by the worker; it cannot normally be performed by another person in the worker’s name.
- Service provision: The worker provides services and performs work in return for economic compensation.
- Dependent: The employer organizes and directs the work activity and the worker is subject to the employer’s control and direction.
Special Employment Relationships
Special labor relations: These gather all the features of ordinary employment relationships but, due to their peculiar characteristics, are considered special. Special types of employment relationships include:
- Senior management staff
- Workers who deal with prisoners or convicts
- Cleaning staff
- Professional workers
- Artists and athletes in public spectacles
- Those involved in corporate transactions on behalf of one or more employers
- Disabled workers
- Dock workers who perform loading activities
- Any other employee specifically designated by law as a special employment relationship
Relations Excluded from Employment
Relations excluded from the employment relationship: Certain relationships are excluded from being considered employment relationships, such as public officials (who lack voluntariness and do not depend on an employer in the same way), family members, friends and acts of favor, and autonomous contractors who assume the risk and responsibility of the operation.
Sources of Labor Law
The sources of law: These indicate the origin of the standards and rules that are applied at any given time.
International and EU Sources
Source of international scope: The international sources of employment law include EU law and international treaties signed and ratified by Spain.
Applying Principles of Labor Law
Applying the principles of labor law: Because of the plurality of labor standards, on occasion there may be confusion regarding which standard should be applied, how to interpret it, or how to resolve conflicts between standards.
The Employment Contract and Capacity to Contract
The employment contract and the ability to contract: An employment contract is an agreement between employer and employee whereby the employee agrees voluntarily to provide services and to submit to the employer’s power of organization and direction.
Form and Validity of the Contract
Form and validity of the employment contract: A contract can be written or verbal. However, it is now required that all employment contracts be concluded in writing.
Validity and Employer Duties
Validity: The validity of the employment contract requires that it comply with the agreed relationship and legal standards. If any misuse or fraud in a clause would harm the worker, that clause (or the contract) may be considered void.
Employers have the following duties:
- Deliver a copy of the contract to the worker.
- Provide a basic copy to the workers’ representatives, where applicable, so that they can acknowledge or sign it.
- Communicate and deliver the contract to the employment office within 10 days from the conclusion of the contract.