International and EU Labor Law: Key Principles and Standards
1. International Treaties
These are treaties signed by Spain (Kingdom of Spain) with international organizations related to labor law. Their rules are incorporated into the legal category of organic law or statute of autonomy.
1.1 International Labor Organization (ILO)
The ILO, reporting directly to the UN, is an organization that oversees internal labor contracts and aims to harmonize various labor laws, creating a “pseudo” labor law. It has three types of rules:
- A) Convention: State law incorporated into the category of organic statute of autonomy, that is, by statute under EC law, but above ordinary law. Directly applicable; Spain cannot refuse. Attempts to harmonize different constitutions, but not always successfully.
- B) Recommendation: A standard required for each member state, but not legally binding. States must report on their performance in meeting the recommendation within a set timeframe. Each state decides how to meet the recommended goals.
- C) Agreements or Resolutions: Customs made public by the ILO. Non-binding, but states often consider them as they may influence future labor law.
1.2 European Union
The EU is composed of 27 European states that have transferred powers, especially economic and financial. There are distinctions between state and federal levels, which have always marked the history of the EU.
The Charter of Fundamental Rights of the EU grants workers various rights: free movement, decent employment, collective bargaining, vocational training, gender equality, etc. The EU has three types of rules:
- A) Regulations: Maximum norm that is binding for EU member states as organic law.
- B) Directives: Binding in terms of the objectives to be met, but allow freedom in the method to achieve them.
- C) Decisions: Binding standard, similar to ministerial regulations, affecting one or more ministries.
- D) Recommendations and Opinions: Non-binding statements that EU states should consider as inspiration for future labor policy and regulations.
The Charter of Fundamental Rights highlights the principle of non-discrimination between EU citizens in obtaining employment. This principle is based on several characteristics developed in EU labor law:
- Free Movement:
- Of People
- Of Establishment
- Provision of Services: Self-employed or professionals can work in another state, even if they haven’t been a state leader for 3 to 6 years.
- Harmonized Working Conditions: The EU ensures a level of European employment law in areas such as written work contracts, protection for children under 15, protection for pregnant women, and risk prevention.
- Recognition of Professional Qualifications: The EU aims for equality of European professional categories.
- Access to Public Service: Officials of the EU can be chosen from any member state for committees, councils, parliament, and the court of justice.
- Training of Workers: The EU created the European Social Fund to subsidize institutions providing occupational training courses and integrating the unemployed into the labor market.
General Principles of Labor Law
1. Principle of Minimum Standards
The hierarchy of labor law is based on the idea that laws will be more general and less specific when higher in the hierarchy. More specific rules (contracts, agreements) should provide better treatment for the worker than the minimum standards set by higher laws. Therefore, lower in the hierarchy should mean better treatment.
2. Principle of the Most Favorable Standard (In Dubio Pro Operario)
When there are conflicting labor standards, the one that is most favorable to the worker in its entirety should be applied, regardless of its category.
3. Principle of Irrenunciability of Rights
A worker cannot negotiate away their fundamental rights (vacation, permits, rest hours, etc.) in exchange for better work conditions.
4. Principle of Beneficial Contract Condition
If a new law worsens working conditions, current regulations in a contract cannot be overridden by the new law for contracts signed before the law’s enactment.
5. Principle of Pro Operario
As a general principle of labor law, any judicial decision should favor the employee in case of doubt.