Spanish Labor Law Essentials

Posted on Nov 21, 2024 in Law & Jurisprudence

1. Legal Framework

1.1 Public Authorities

Legislature: Senate and Congress draft and approve laws.

Government Ministries and Agencies: Implement laws at regional levels.

Judicial Courts: Resolve disputes and claims for breaches of law.

1.2 Sources of Law

  • Law: Written legal rules published in official bulletins.
  • Custom: Unwritten rules based on tradition and societal behavior.
  • General Principles of Law: Beliefs and convictions underlying laws and customs.

1.3 Types of Laws

Basic Laws

a) Constitution: Fundamental principles, rights, and duties.

b) Organic Laws: Develop fundamental rights and public freedoms.

c) Ordinary Laws: Regulate other matters.

Rules with Force of Law

a) Royal Legislative Decrees: Issued by the government with parliamentary authorization.

b) Royal Decree-Laws: Issued in cases of extreme necessity.

Regulations

a) Royal Decrees: Approved by the cabinet.

b) Ministerial Regulations: Adopted by ministers.

c) Orders of the Deputy Commissioner: Affecting multiple ministries.

d) Decisions: Adopted by General Directorates.

2. Labor Law

Born in the 19th century to address harsh working conditions and union demands. Regulates individual and collective bargaining relationships.

2.1 Hierarchy in Labor Law

  1. European Community Law: Regulations and directives.
  2. Spanish Constitution: Fundamental labor rights.
  3. International Labor Organization Conventions and Treaties: Harmonize working conditions.
  4. Laws and Regulations with Force of Law: Including the Workers’ Statute.
  5. Regulations: Develop laws and fix minor issues.
  6. Collective Agreements: Regulate conditions for specific professions.
  7. Employment Contract: Obligations binding the parties.
  8. Habit: Unwritten rules in specific fields.

2.3 Principles of Labor Law

  • Normative Hierarchy: Lower-level standards subject to superior regulations.
  • Principle of Rule More Favorable: Applying the most beneficial rule for the worker.
  • Principle Condition Most Beneficial: Maintaining benefits even after rule changes.
  • Principle In Dubio Pro Operario: Resolving doubts in favor of the worker.
  • Principle of Inalienable Rights: Workers cannot waive their legal rights.