Understanding Labor Law: Concepts, Sources, and Employee Rights
Understanding Labor Law: Concepts and Principles
Labor Law is a body of law comprising the set of principles and legal institutions that regulate the legal relationship of a worker who provides services as an employee in exchange for a fee, performed under the direction and instructions of the employer. This legal relationship is articulated through an employment contract. There must always be a contract, even if not in writing.
Coupled with individual labor law is the Right to Association, which regulates collective labor relations. These occur between worker representatives and employer or business associations. These relationships can be:
- Negotiating: Collective bargaining covers all aspects.
- Conflict Resolution: Addresses disputes between representatives and employers.
Defining an Employee: Key Characteristics
An employee must be a natural person who provides services freely and voluntarily. Key characteristics include:
- Must be a natural person.
- Services must be provided freely and voluntarily.
- Must be paid.
- Must be employed (working for another).
- Must be dependent (subordinate).
Exception: Contracts between employers and worker groups.
Sources of Labor Law
The primary sources of labor law include:
- EU Community Law
- International Law
- National Legislation
- Regulations
- Collective Bargaining
- Individual Autonomy
- Customary Work
- General Principles of Law
- Jurisprudence
The Spanish Constitution and Labor Rights
The Spanish Constitution establishes fundamental labor rights and principles:
Article 7: Unions and Business Associations
Article 7 of the Spanish Constitution recognizes unions and business associations as core institutions of the state. Labor unions and business associations contribute to the defense and promotion of their own economic and social interests. Their creation and the exercise of their activities are free, while respecting the Constitution and the law. Their internal structure and operation must be democratic.
Article 28: Fundamental Labor Rights
- 28.1: Right to Freedom of Association: This includes the right to form and join unions. Certain personnel (e.g., judges) may have restrictions. This right also encompasses union activities such as forming associations and negotiating agreements.
- 28.2: Right to Strike: Recognized broadly. This right applies to workers and certain personnel, with exceptions (e.g., Civil Guard, military).
EU Community Law in Labor Relations
EU Community Law comprises: 1. Regulations. 2. Directives. In the workplace, labor relations are primarily governed by directives.
International Labor Legislation: The ILO
Globally, the International Labor Organization (ILO) plays a crucial role. ILO Conventions are highly significant in shaping international labor standards.
National Legislation and Key Statutes
National legislation forms a cornerstone of labor law. This includes the consolidated basic statute of workers’ rights, which regulates employment contracts, working conditions, salaries, and employee representation within companies. It also governs collective bargaining (collective agreements), which are a key source of employment law.
Specific Spanish Labor Laws
Key Spanish labor laws include:
- Law 4/1994 on Temporary Employment Agencies (LETT 94)
- Royal Decree-Law 17/1977 on Labor Relations (RDL 17/1977), which regulates the strike.
- Consolidated Text of the Law on Labor Infractions and Sanctions (TRLISOS), addressing labor violations.
- Consolidated Text of the Law on Labor Procedure (TRLPL).
- Law 31/1995 on Prevention of Occupational Risks (LPRL 95).
- Organic Law 11/1985 on Freedom of Association (LOLS 85), concerning unions.
Regulations and Their Authority
Regulations serve to enforce laws; they can only elaborate on what the law itself already states. Regulations are also subject to state jurisdiction.
Collective Bargaining: A Cornerstone of Labor Law
Collective bargaining is the legal power enabling collective entities in labor relations to negotiate working conditions. It is a peculiarity of labor law.
- A) Collective Agreements: These possess legal force, are binding, and are negotiated. Their scope is broad, akin to a law.
- B) Non-Statutory Collective Agreements: Negotiated outside the formal statutory framework. They have an obligational legal effect, but their personal effectiveness is limited, similar to a contract.
- C) Agreements on Specific Issues / Interprofessional Agreements: These are normative agreements, typically at regional or state level, possessing the force of law. The law permits agreements on the structure of collective bargaining, which are obligational in nature.
Individual Autonomy in Employment Contracts
This refers to the employment contract and any agreement between the employee and employer during the employment relationship. These reflect individual or contractual autonomy.