Understanding Public and Private Law: Labor Regulations
Public and Private Law
Public law: Its rules are intended to regulate the activity of the state and public organisms. It includes:
- International Public Law
- Political Law
- Administrative Law
- Criminal Law
- Procedural Law
- Financial Law
- Community Law
- Labor Law
Private law: Regulates relations between individuals, or between individuals and the state/public bodies when the latter are acting in a private capacity. It includes:
- Private International Law
- Labor Law
- Civil Law
- Commercial Law
Characteristics Regulated by Labor Law
- Voluntariness: The worker must be free during the employment relationship.
- On behalf of others: Work is performed for another person, who has purchased the product of the work and pays a salary.
- Dependence: The employer dictates when, where, and how to do the job.
- Compensation: All work activity must be paid.
Activities Excluded from Labor Law
Article 1 of the Statute of Workers excludes the following activities:
- Work performed by public officials
- Mandatory personal services
- Activity as an advisor or member of a board of directors of a company
- Work done by way of friendship
- Family work
Special Character Labor Relations
The following are considered special character labor relations:
- Commission-based personal staff
- Senior management employees
- Domestic servants
- Professional athletes
- Artists in public performances
- Jobs in special schools for disabled people
- Attorneys working for others
Domestic Labor Law Sources
The sources of law are the origin of legal norms. These sources are multiple and can be domestic (national) or external (international).
Internal Sources
- Laws and regulations of the State (The Constitution)
- Collective agreements
- The will of the parties, expressed in the employment contract
- Local and professional customs
Special Sources
- Collective agreements
- Employment contracts
- Local professional customs
A. The Constitution
The Constitution of 1978 is the supreme standard in our legal system, prevailing over other laws. It can be classified into three main sections:
- Fundamental rights
- Duties and freedoms of citizens
- Economic and social principles
B. Laws Issued by General Courts
- Organic Laws: Govern matters relating to the development of fundamental rights and public freedoms. They are approved by a majority vote.
- Ordinary Laws: All laws passed by the General Courts that do not have an organic character.
C. Rules with the Force of Law Issued by the Government
- Decree-Laws: The Constitution stipulates that in case of extraordinary and urgent necessity, the government may issue temporary legislative provisions in the form of decree-laws.
- Decrees: General Courts may delegate to the government the power to issue legislative decrees.
D. Regulations
Regulations are legal norms subordinate to the law.
E. Collective Agreements
A special source of labor law that does not exist in other areas of law.
F. The Employment Contract
The employment contract reflects the will of the parties, but no contract can create conditions less favorable to individual workers.