Labor Law and Social Jurisdiction in the EU
Labor Law and Social Jurisdiction: An Overview
Law: The law is the set of rules, norms, and principles of due compliance, to regulate the social relations of human society. At every historical moment, these have become necessary.
Labor Law: Labor law is the set of rules and principles governing labor relations freely and voluntarily given under conditions of dependency and for others.
Outsourcing: Outsourcing occurs when a business hires another company to take over part or all of its business.
The European Union
One of the key objectives of the European Union is the free movement of people, referred to as “Free movement of workers”. This concept is developed for others, including:
- Freedom of establishment for self-employed persons.
- “Freedom of Service” for independent practice.
The EU instruments include the European Social Fund and European social law. Once these laws are created, “Social Policies” are bound with respect to the results to be achieved. Usually, they need a national standard transposing.
“Regulations” are binding and directly applicable in each State. In labor matters, they exist with respect to the free movement of workers and the social security of migrants/citizens of the EU.
Spanish Constitution
The Spanish Constitution, approved on December 6, 1978, is the most relevant law and is classified into three groups, including fundamental rights. The central state (Madrid) can draw up labor laws.
Source of Employment
Under Article 3 of the Statute of Workers, rights and obligations are governed by:
- Applicable laws and regulations
- Collective bargaining
- The will of the parties, manifested in the employment contract
- Uses and customs, both local and professional
The Legislature
Las Cortes (Parliament) makes organic laws, which pertain to fundamental rights, and ordinary laws. The former is approved by an absolute majority, while the latter is approved by a simple majority (half plus one of those present at the vote). These are approved by Parliament within 30 days.
The Constitution requires that the regulation of fundamental rights and public freedoms be by means of laws, such as the LOE (Organic Law of Education) and laws regulating freedom of association.
Executive
The government can introduce laws that have the same position as the laws of the General Courts, by delegation of the courts. In this case, these laws are called Royal Legislative Decrees. In cases of extraordinary and urgent need, they are enacted through Royal Decree Laws.
Collective Bargaining
Collective bargaining involves representatives of workers and employers. The rules created when the requirements for standing are met are called collective agreements.
Social Contract
The social contract can improve the work agreed upon but never worsen it.
Application of Labor Standards
Labor standards are applied in the following order:
- Directly applicable European Community law
- The Constitution
- Treaties and international conventions
- Rules with the force of law: Acts, ordinary laws, Royal Decrees, and Executive Orders
- Regulations, provisions
- Collective bargaining
- Labor Custom: Having local and professional characteristics
Main Services for the Inspection of Work
- Monitor and demand compliance with laws, regulations, and collective agreements.
- Mediate labor disputes.
Social Jurisdiction
- Social Courts: These are provincial in scope and competent to recognize and resolve individual and collective conflicts that do not exceed the scope of the relevant province.
- Social Chambers of Superior Courts of the Autonomous Communities: These hear and resolve appeals against the rulings of the social courts and collective labor disputes.
- Social Chambers of the National Court: These hear and resolve disputes and trade union matters at a level higher than the autonomous communities.
- Social Division of the Supreme Court: This division resolves appeals against the decisions of the Social Chambers of the Superior Courts. It also handles appeals for the unification of doctrine.
The social courts ensure that the law does not go against the Constitution.
Jurisprudence
Jurisprudence exists when there are two decisions handed down by the Supreme Court for similar cases. These serve as a precedent to judge similar cases.