Understanding Labor Law: Rights, Regulations, and Hierarchy

Posted on Dec 7, 2024 in Law & Jurisprudence

Right: The Set of Legal Rules

Right: The set of legal rules. In complement, it entails a penalty.

The Public Authorities

The public authorities: The creation, implementation, and monitoring of legislation relate to the public authorities.

  • Legislative: The Congress of Deputies and the Senate legislative assemblies are responsible for drafting and approving laws.
  • Executive: Applying the laws enacted by the legislative power is the responsibility of government ministries and bodies of the autonomous communities.
  • Legal: The courts resolve any complaints and problems that arise because of the breach or interpretation of legal norms.

(The separation or division of powers is the system that assigns functions to legislative, executive, and judicial powers independently to set a balance between state power and the rights of citizens)

Funds for the Law

Funds for the law: The authorities are saying in order of interest:

  1. Law 1: Written laws that are published in official bulletins that citizens can know.
  2. Custom: It is an unwritten rule of law; it is conduct that society assumes continuously and traditionally.
  3. The General Principles of Rights: A series of rules that express the beliefs and convictions of society. (They are the soul of law).

Basic Law

  • Constitution: The supreme rule that any law must respect.
  • Constitutional Law: Laws relating to the development of fundamental rights and freedoms.
  • Ordinary Law: Regulating those which do not deal with organic laws.

Range of Law Rules

Range of Law Rules: Rules in general have the same validity as those adopted by the Congress and the Senate.

  • Legislative Royal Decrees: The force of law rules that the government prepares to permit the courts.
  • Royal Decree-Law: Sometimes there are certain moments in time for the courts to draw up and approve a law; that’s why the government should take the first step.

Rules

Rules: Rules governing terms of lesser importance.

  • Royal Decree
  • Ministerial Orders
  • Orders Committees Government Executive
  • Resolutions

Labor Law

Labor Law: The law has been specializing in all matters that have demanded the regulation of societies: relations between people, between employers and employees, business activities, etc. It was born as a response to the harshness of the state of working conditions and because of this tendency of workers to associate to defend their rights. We are talking about two regulated relations: individual and collective.

Not all jobs have the same characteristics; work has the following characteristics:

  • Personal
  • Volunteer
  • An employee
  • Dependent
  • Paid employment

Hierarchy in Labor Law

Hierarchy in Labor Law: ILO treaties and agreements that incorporate Spanish:

European Community Law 1

The most important regulations are:

  • Regulations: Are mandatory and directly applicable.
  • Guidelines: Are required regarding the results to be achieved.

What are the Workers’ Rights of the European Union?

  • Free movement
  • Fair remuneration
  • Improve working conditions
  • Social protection
  • Collective bargaining
  • Training

2 The Spanish Constitution

  • Fundamental Rights: Discrimination, meeting, union free, strike.
  • Rights and Freedoms of Citizens: Free choice of profession and employment, collective bargaining, measures of collective conflict, participation in the company.

3 Covenants of the International Organization of Work

  • Forced Labor (1930)
  • Freedom of Association (1948)
  • Right to Organize and Collective Bargaining (1949)
  • Equal Remuneration (1951)
  • Abolition of Forced Labor (1957)
  • Discrimination (1958)
  • Minimum Age (1973)
  • On the Worst Forms of Child Labor (1999)

4 & 5 Laws and Rules of Law with Range

Stresses on the status of the worker important rules:

  • Organic Law of Freedom of Association (LOLS)
  • General Law on Social Security (LGSS)
  • Risk Prevention Laws (LPRL)

6 Regulations

Develop laws on minor matters.

7 Collective Bargaining

Every profession has its territorial agreement.

8 Employment Contract

9 Work Habits

Social Administration and Jurisdiction

Social Administration and Jurisdiction: The government agencies are the Ministry of Labor and Immigration and employment ministries of the different regions through two fronts of action:

  • Inspection of Labor and Social Security (ITSS)
  • The Courts and Labor Court: Organized in geographic jurisdictions: social courts, social rooms of superior courts of the autonomous communities, social hall of the national audience, social lounge supreme court, court of the European Communities.
  • Constitutional Court: Solves the resources for defense filed for violation of fundamental rights of workers.

Principles of the Law

  • Principle of Hierarchy Rules: Standards of lower rank must undergo what is regulated.
  • Standard Principle More Favorable: It is an exception to what has been said, according to which the rule always prevails senior.
  • Top of Condition Most Beneficial: We must respect one or more benefits that workers get the contract work.
  • Principle and Pro Dubi Operario: When in doubt regarding the interpretation of a rule, always apply the most beneficial for the worker.
  • Irrenunciabilitat Principle of Rights: The workers cannot waive their rights.

Rights and Responsibilities of the Employment Relationship

  • The Duties of Employer: Obedience, good faith, diligence.

Rights and Duties of Employees

  • Constitutional Rights: Strike, collective bargaining, assembly, freedom of association, measures of collective conflict, work, and free choice of profession or trade.
  • Rights in Relation to Work: Promotion and training, effective occupation, perception of timely salary, company information consultation and participation, individual exercise of action arising from contract, discrimination based on sex, marital status, ideas, respect your privacy and consideration to their dignity, safeguards its physical integrity.
  • Duties of the Labor Relations: Meet the prevention of occupational risks, not compete with the company’s business, contributing to improved productivity, fulfill orders of the employer, all arising from the contract.

Rights of the Employer

  • The Power of Address: It is the power to issue orders on the manner, place of execution of work, time, and quantity and quality of this.
  • Disciplinary Power: Power to monitor and control the execution of work and compliance by employees of their obligations.

Faults of Employer

  • Mild: 10
  • Degree: 20
  • Very serious: 60
  • In any case, after six months of having them done.

Exception of Labor Law

Labor Relations Special

Labor Relations Special: Relationships to their particular characteristics are partially within the ET. These are:

  • Senior management
  • Home employees
  • Professional athletes
  • Artists in public performances
  • Convicted in penal institutions
  • Disabilities in sheltered
  • Representatives of trade
  • Stevedores
  • Subject to minor measures internally
  • Any relation declared a special law

No Labor Relations

No Labor Relations: Labor law does not apply to these relationships:

  • List of services of public officials
  • Mandatory staff benefits
  • Friendly work of benevolence or good-neighborliness
  • Work done on their own
  • Family papers

Labor Law —– Labor relations: staff – volunteer – for others – dependent – paid.

Labor Relations Rules: Special —- Special

Or any other rules: Not work relations