Application and Interpretation of Labor Standards in Spain
Application and Interpretation of Labor Standards
Labor regulations in Spain stem from multiple sources, including the autonomous power (collective autonomy) of worker and employer representatives to address specific implementation issues.
Management of Standards: Static Point of View
Hierarchy of Legal Rules
A normative approach orders rules of various ranks based on the principle of hierarchy:
- A) The higher standard prevails over the lower, and the latter is subordinate to the first.
- B) The higher standard’s privilege means that in case of conflict, the higher provision applies, and the lower one is abolished.
The principle of hierarchy is expressly stated in Article 9.3 of the Spanish Constitution. In labor law, this principle is referenced in Articles 3.2 (statute), 85.1 (collective agreements), and 3.4 (customs). The hierarchical order of normative sources is:
- Constitution and International Standards
- Legal Standards
- Regulations
- Collective Agreements, Customs, General Principles of Law
Principle of Primacy
Community law (EU law), comprising original entitlements (treaties) and secondary legislation (regulations and directives), takes precedence over domestic law. If a Community law contradicts a domestic standard, Community law prevails.
Regarding international law, Article 95 of the Spanish Constitution mandates that international treaties must not contradict the Constitution. Thus, the Constitution has precedence, followed by international law, and then domestic legislation.
Management of Rules: Dynamic View
A) Attendance, Non-Conflict, Supplementarity, or Minimum Standards
In labor law, state intervention, constitutionally mandated, often takes the form of legislation. Private autonomy is limited by legal restrictions and the Constitution.
The principle of minimum standard rules (Article 3.3 of the Statute) sets lower threshold levels for working conditions. Higher standards can improve upon these minimums, but certain legal rules are absolutely necessary and cannot be overridden by individual or collective autonomy (e.g., age for working, non-discrimination, fundamental rights). Breach of these rules results in invalidity.
Minimum standards can be improved upon by lower standards for workers. The subordinate source implements the main source by improving compliance with necessary legal requirements (Article 3.5 of the Statute). Thus, the minimum standard coexists with another standard meant to surpass or improve it. This is supplementarity.
Principle of Complementarity
Complementarity connects rules where one provision addresses certain factors and another completes the regulation. Both precepts retain their rank and nature. Complementarity doesn’t require choosing between applicable standards; the basic rule and the additional rule apply together. A typical example is the relationship between law and development regulations. In labor, the complementing standard can be collective rather than regulatory.
Principle of Supletoriedad
Supletoriedad applies when a mandatory provision only applies in the absence of regulation of the same assumption by another provision. It’s the main procedure for ranking sources of different origins, such as the relationship between law and collective agreements in labor law (Article 3.4 of the Statute). “Uses…