Labor Law: Rights, Regulations, and Key Principles
Key Aspects of Labor Law
1. Voluntary Labor Requirements
- **Voluntariness:** Labor must be performed willingly by individuals.
- **Self-reliance:** Individuals are responsible for their own work.
- **Excluded Activities:** Activities without remuneration are not considered labor.
2. Labor Rights of “Public Officials”
This category includes:
- Individuals performing mandatory personal services.
- Sports councilors.
- Members of a society’s administrative body.
- Commission agents.
3. Special Labor Relations
Certain professions have unique labor regulations:
- **Senior management staff**
- Employees in family-run businesses
- Convicts in prisons
- Professional athletes
- Artists in public performances
4. Internal Sources of Labor Law
Labor law sources differ from other legal areas. Besides general legal norms, specific sources include:
- Collective agreements
- Employment contracts
- Local and professional customs
5. Laws Issued by General Courts
- **Organic Laws:** Regulate the development of fundamental rights and public freedoms.
- **Ordinary Laws:** Passed by the General Courts, excluding organic laws, and elaborated through legislative procedures.
6. Local and Professional Customs
Local customs refer to specific towns. Professional customs must be validly invoked within a certain production, trade, or profession sector.
7. Consequences of European Social Dimensions in Labor
- Free movement of labor
- Harmonized working conditions
- Recognition of professional qualifications
- Access to public service
- Worker training
8. Principle of Minimum Standard
A collective agreement may establish that workers within its scope enjoy 25 days of annual leave.
9. Working Principle of Rule
If a worker performs 8 hours daily according to their collective agreement, but the applicable section is fixed at 7 hours, the latter prevails.
10. Inalienability of Rights Principle
A company cannot offer a salary increase in exchange for a worker renouncing their two weekly rest days, as stipulated by the applicable agreement.
11. Most Beneficial Condition
If a worker signed a contract three years ago that included a transportation bonus, and a new collective agreement is being negotiated that might remove this bonus, the worker’s original contract condition may still apply.
12. Basic Rights of Workers
Basic Rights (Related to Work):
- Free choice of profession
- Self-organization
- Collective bargaining
- Adoption of collective conflict measures
- Assembly
- Strike
Rights in Relation to Work:
- Participation in the company
- Effective occupation of jobs
- Promotion and professional training
- Physical integrity and respect for privacy
- Consideration due to dignity
- Timely wage perception
- Individual claims arising from the employment contract
- Protection against verbal, physical, or sexual harassment
- Non-discrimination
13. Court Structure
- Social Chambers of the Superior Courts of Justice of Autonomous Communities
- Social Chamber of the National Court
- Social Chamber of the Supreme Court
14. Fundamental Functions of Labor Inspection
- Investigate workplace violations.
- Advise workers and employers on their rights and obligations.
- Mediate collective labor conflicts.
- Issue reports on job classifications, crisis records, and accidents.
- Enforce safety and hygiene regulations to protect workers’ health.