Understanding Labor Law: Principles, Sources, and Transnational Aspects
1.1. Object and Functions of Labor Law
Labor Law is a branch of Law that governs the relationship between two parties: the employer and the employee or worker. This relationship is based on a contract, specifically the employment contract.
Regarding the employment contract, there are two distinct levels:
- Individual Labor Relations: This refers to the rights and obligations of both the employer and the employee.
- Collective Labor Relations: This involves workers uniting to address inequalities and insecurities within the employment contract that affect them.
To ensure the enforcement of Spanish labor laws, there are two types of public bodies:
- Labor Inspectorate
- Social Security Law is not a part of Labor Law
What are the main functions of Labor Law? Protecting workers’ rights and giving workers a voice.
1.2. Sources of Labor Law
Spanish Internal Legislation
- Spanish Constitution: We can categorize these into two groups:
- Fundamental rights, such as the principle of equality.
- Non-fundamental rights, such as the right to employment.
- Collective Bargaining Agreements (CBA): These agreements allow employers and employees to regulate the terms of their labor relations without state intervention. They are related to the law.
- Have normative legal efficacy and general personal efficacy
- Normative legal efficacy means that: The CBA is directly applicable to the labor relationship. Under no circumstances may the worker be granted conditions less favorable or contrary to the collective bargaining agreements.
- General personal efficacy means that: CBAs are binding for all employers and workers.
- Legal Rules and Regulations
European Union: The Social Policy pursued by the European Union includes various social rights, such as the free movement of workers.
International Treaties: Conventions passed by the International Labour Organization (ILO) are particularly relevant. More than 100 Conventions are currently in force in Spain.
1.3. Principles of Application of Labor Law
The Principle of Hierarchy of Legal Provisions
Inferior legal rules cannot contradict superior legal provisions. However, in Labor Law, this principle is qualified:
Absolutely mandatory laws cannot be contradicted. However, relatively mandatory laws can be contradicted, provided that the established minimum or maximum is complied with.
The Principle of the Most Favorable Norm
When multiple legal rules apply to a specific situation, the conflict is resolved by applying the most favorable legal rule.
The Principle of Succession of Legal Rules
Legal rules can only be repealed by subsequent legal rules.
This principle applies to Labor Law with some peculiarities: A CBA that succeeds a previous CBA completely repeals the latter. A CBA replacing a previous one may rule on the rights acknowledged in that other. In such a case, the regulation embodied in the new CBA is completely applicable.
The Principle of the Most Beneficial Condition
This principle concerns the future effects of contract terms.
The Principle of In Dubio Pro Operario
This is a criterion for interpreting legal rules.
The Principle of Inalienability of Rights
This principle prohibits employees from disposing of rights (transmission, modification, or extinction) granted to them by mandatory laws before or after their acquisition.
However, this prohibition does not cover contracts of settlement.
1.4. Transnational Aspects of Labor Law
Regarding internal laws, workers should hold at least the same economic rights they would hold if they were working in Spain.
Regarding European Union Law, it is important to pay attention to the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the law applicable to contractual obligations. This helps determine the law applicable to the employment contract in situations involving a conflict of laws.