Spanish Labor Law Standards: Hierarchy, Minimum Standards, and Worker Benefits
Spanish Labor Law: Standards & Principles
This document clarifies the principles governing labor standards in Spain, focusing on hierarchy, minimum standards, and worker benefits.
Hierarchy and Minimum Standards
Spanish labor law operates on two key principles: hierarchy and minimum standards. The principle of hierarchy dictates that legal standards supersede other provisions (Art. 3 ET). The minimum standard principle ensures that collective agreements and individual contracts cannot establish conditions inferior to those mandated by law (Art. 3.3 ET).
State Standards
State standards are:
- Absolutely binding: These are unchangeable and cannot be negotiated as they are rules of public order.
- Relatively necessary rules: These can be improved upon through collective bargaining.
- Mandatory texts: These provide a framework for collective bargaining, allowing for conditions more favorable to the worker.
The principle of the most favorable rule applies when multiple standards exist; the most beneficial to the worker always prevails.
Principle of Most Beneficial Condition
This principle applies to conflicts between collective agreements and individual employment contracts. The most favorable condition for the worker always takes precedence. An exception is the principle of absorption and compensation.
Territoriality and Reciprocity
Principle of Territoriality (Art. 1.4 ET)
Spanish labor law applies to Spanish workers employed by Spanish companies in Spain, even if working abroad, subject to public order rules of the workplace. If an employee temporarily works in another country, that country’s laws apply if more favorable.
Principle of Reciprocity
This principle operates internationally, ensuring that a country applies its legislation to workers from another country if that second country applies its laws to the first country’s workers. It’s a principle of equal treatment: “I treat your nationals as you treat mine.”
Rome Convention of 1980
The 1980 Rome Convention allows parties to choose the applicable law for employment contracts (Art. 3 CR). If no law is chosen (Art. 6.1 CR):
- The law of the country where the employee habitually works applies.
- If the employee doesn’t habitually work in one country, the law of the country where the employer is established applies.
This addresses cross-border workers, such as truck drivers.
Freedom and Interpretation
Freedom of the Parties
There is formal freedom for employers and workers.
In Dubio Pro Operario
This principle of jurisprudence guides judges to interpret standards in the most favorable way for the worker. It applies to the interpretation of rules, not contracts.
Integration of Law
Labor law integrates concepts from other branches of law and may directly refer to non-labor standards. The Civil Code serves as a supplementary rule when labor law is silent on a particular issue.