Understanding Labor Law: Rights, Sources, and Spanish Legal Framework
1 – The Law, General Notions
Rights
Public Law
It regulates the social relations that involve the state or some public authorities as such:
- Constitutional Law
- Criminal Law
- Financial Law
- Taxation
- Public International Law
- Procedural Law
- Administrative Law
Private Law
Regulates relations between individuals
Disciplines of private law:
- Civil Law
- Trade Law
- Private International Law
- Labor Law, Social or Labor
2 – Labor Law
It is the part of law that is responsible for regulating industrial relations.
It is the fruit of forms that are born with the industrial revolution and bourgeois.
The first Labor relations are governed by civil contract for provision of services.
Labor Law Developments in Spain
- Lease Contract Civil Service.
- Reaction Labor.
- Rules limit the power of the Employers.
- Labor Code (Dictatorship Primo de Rivera).
- Employment Contract Law (2nd Republic).
- Forum of Labor (Franco dictatorship).
- Status of Workers 1980.
- Economic Globalization
- Deregulation?.
3 – Sources of Labor Law
That delivers organonorma general and village courts. The Spanish Constitution 1978 Organic Law Courts Regular generalesLey. Bases Act. Government Legislative Decree with force of law (as law worth) Royal Decree Royal Decree Law. Regulations decree. Social Partners. (Represented by workers, unions and employers). Collective Agreements. Society. Customs (Serventi). General Principles of Law. Courts Jurisprudence.
Range Rules with Law
a. Organization Act: regulates a set of fundamental rights and public liberties and passed required absolute majority in Congress, are the art. 14 to Art.29 of the Spanish Constitution 1978.
b. Regular Law: controls with subject matters not regulated by law and everything organic decided by the legislature. Were approved by simple majority.
c. Law Rules: are ratings of general courts handed down a legislative enactment.
d. Royal Decree legislator: a standard issued by the government as a result of clearances granted by the Parliament.
e. Royal Decree Law: norm issued by the government in case of extraordinary and urgent need to regulate matters of legal rank.
f. Regulations: have less range than the laws. They can be taken to develop laws to regulate or subjects for which there is no reservation bill.
FORMS:
Royal Decree: a standard that dictates the government’s council of ministers.
Ministerial Order: standard dictated by ministers.
g. Collective Agreements: agreements are the result of social partners (employers and employees). It is a peculiarity of the Labor Law and is very important.
h. Habits: are repeated uses to which the community gives them mandatory. In labor law must be local and professional.
i. General Principles of Law: inspired by the interpretation of rules, and extracted from the vision of the whole legal system. They also serve to address situations not covered by the rules.
j. Jurisprudence: the evolving interpretation of the rules made by the supreme court.
4 – The Spanish Constitution of 1978
- It is the most important rule of law.
Levels of Protection of the Rights Recognized in the Spanish Constitution of 1978
Fundamental rights and public freedoms are unwrapped by an organic law, and defending the citizens can go through the appeal of amparo before the Constitutional Court. They have job content.
- Right to organize.
- Right to strike.
- Right to non discrimination.
Rights and duties of citizens are unwrapped by law.
Guiding principles of social and economic policy. Not directly create rights for citizens, but report positive legislation. They have job content.
- Training.
- Safety and Health.
- Social Security.
5 – External Sources
They are international organizations which Spain belongs result of agreement between Spain with third states.
Major external sources:
- International Labor Organization (ILO).
- European Union.
International Labor Organization (ILO)
It is an organization with a universal set in 1919.
Depends on the UN.
Its purpose: to improve living and working conditions of workers worldwide
Develops: agreements after being ratified and published in the BOE become law.
Significance of the EU in the Field Work
The EU treaty rights to collect job content.
For the construction of the single market created the following freedoms:
- Movement of workers.
- Establishments.
- Provide Services
- Movement of capital.
6 – Principles of Application of Labor
For the operator: select several possible interpretations of a rule more favorable to the worker.
More favorable rules: it implies the existence gives several rules to apply in a particular case.
Minimum Standards: the superior standards set below minimum standards can be improved.
Irrenuciabilidad rights: considered invalid waivers prior to the rights recognized by law or collective agreement.
Gained more advantageous conditions: prevent prejudice of rights acquired individually when a restrictive rule of them.
7 – Priority
1. Constitution
2. European Union Law
3. International Treaties
4. Material Laws
5. Regulations
6. Collective Agreements
7. Labor Custom
8 – Administration Job
There are administrative bodies with competence in both labor-General of the State administration, as in the Autonomous Communities that have transferred competencies.
Organs most relevant:
- Inspection of Work of the Social Security.
- Service Mediation, Arbitration and Conciliation (SMAC).
Inspection of Work of the Social Security
Functions:
- Advice to employers and employees.
- Mediation in collective disputes.
- Adoption of measures on prevention of occupational hazards.
- Investigate violations
Types of records:
- Infringement, when the employer commits a violation of work.
- Liquidation, when detected incorrect assessments to Social Security.
- De obstruction: when not permitted to perform their tasks.
Service Mediation, Arbitration and Conciliation (SMAC)
Functions:
- Compulsory preliminary conciliation.
- Depository of collective agreements.
- Depository union statutes.
- Depository Statutes of business organizations.
- Depository records of elections workers’ legal representatives.
9 – Social Jurisdiction
This consists of courts to resolve disputes.
Some disputes are resolved by the courts for judicial review.
- Supreme Court.
- Court.
- Superior Court of Justice.
- Social Court.
Social Court
They are a single judge.
Territorial; province, but may be established with field below it.
They also like functions, solving individual labor disputes and collective level no higher than provincial.
In Galicia there are labor court’s four provinces and also in Santiago, Vigo and Ferrol.
Superior Court of Justice, the Social Room
Are collegial bodies.
They are territorial, Autonomous Region.
Resolve disputes in scope than the province, coming within the Autonomous Community and supplication settle appeals presented against the judgments of the courts of the social.
In Galicia the seat is Corunna.
National Hearing; Social Chamber
It is a collegiate body.
Territorial, national statewide.
Competencies, higher level disputes with an autonomous community.
The seat of the Audiencia Nacional in Madrid.
Supreme Court, the Social Room
It is a collegiate body.
It has territorial, statewide Spanish.
Skills; appeals against judgments of the Supreme Court and of AN.
The headquarters of the Supreme Court in Madrid.
10 – Constitutional Court
It can be considered as the fourth estate.
Resolved:
Unconstitutionality appeals against the state laws and CC AA.
Resources for defense against injury to fundamental rights.
Conflicts of jurisdiction between the State and the Autonomous Communities or between them.
The headquarters of the Constitutional Court in Madrid.