Management Structure of the Labor Force: A Comprehensive Guide
Lesson 4: Management Structure of the Labor Force
Constitution Rules
Social and Labor Law Clause
The development of the social state clause of Art. CE 1.1 is in Art. 9.2 EC. This rule does not recognize individual rights and establishes rules of conduct but states certain general objectives of the action of the authorities: To promote the conditions for freedom and equality of individuals and the groups they belong are real and effective, removing obstacles to its full realization and facilitating the participation of all citizens in economic, political, cultural, and social life.
Labor Relations
Almost all the EC labor provisions are formulated as rights granted to the subjects of labor relations, as well as duties of public authorities in social life. The subjects of labor relations that are attributed to constitutional rights are workers, entrepreneurs, and representatives, most notably labor unions and business associations. The constitutional duties of public authorities in labor are mostly contained in Section III of Title I on “The guiding principles of social and economic policy.” The EC contains a general part of the regulation of three separate aspects of labor relations:
- The position of employers and employees in the work contract
- The subjects and the means of action of the industrial relations system
- A statement of the objectives that guide the employment discipline
The entire set of constitutional rules relating to work is to inspire the idea of social rule, invoked in Art. EC 1.1.
The State must develop an active conduct of promoting social justice. The welfare state is incompatible with the doctrines and ideologies that advocate total abstinence versus state structures and forms of organization of society that influence the actual deployment of such values. The ways of realizing the active intervention of public powers in society according to criteria of social justice can be diverse. Two of them are guaranteed decent living conditions for those unable to acquire them for themselves (e.g., rules the adequacy of the earned income and social income replacement) and the correction or compensation of certain situations of economic weakness or vulnerability, with differential protection of disadvantaged individuals or groups in need. The EC has included among their workers or disabled, the elderly in the 3rd age, and consumers and users.
Position of Employers and Employees in the Employment Contract
Professional Rights of Workers
Art. Spanish 35.1CE recognizes the rights “to advancement through work and an income sufficient to meet their needs and those of his family.” The right to promote interest in protecting the individual advancement and promotion of employees, according to criteria of merit and experience. The right to adequate compensation is the basis for the minimum wage. It also refers to rights relating to the provision of work, although not recognized as such, but the duties of public authorities. The first of them is committed to providing training and retraining. It also obliges public authorities to ensure safety and health at work and ensure the necessary rest through the limitation of working hours and paid holidays. There is a minimum regulation of all these conditions in the Law of the Statute of Workers. Art. 35.1 EC also acknowledges another two rights of citizens: the right to work and the right to free choice of profession or trade. This freedom is one of the main aspects of the free development of personality (Art. 10.1 CE). This right must be respected throughout the life of the employment relationship, from its origin to its termination, preventing ties or contractual commitments, very hard worker dissolution, or excessively long duration.
The Position of Employers in Labor Relations
The position of entrepreneurs is determined by two precepts: the right to free enterprise (Art. 38), which is limited by the demands of the general economy, and the right to private property (Art. 33), limited by its social function. The doctrine and jurisprudence recognize free enterprise in two aspects: the freedom of establishment or undertaking of economic activities and the freedom of development of these combining inputs according to the organizing idea of the entrepreneur. Within the content of this right shall include the powers of the employer in selecting staff and organizing work. Business freedom is consistent with the presence of restrictions on the exercise thereof, but such restrictions are in turn limitations.
Workers and Fundamental Human Rights
Fundamental rights can also be exercised by workers in the field of labor relations: the right to freedom of thought, the right to religious freedom, the right to freedom of expression, the right to communicate true information, the right to self-image, and the right to privacy. Of these rights, which may be more involved in labor relations are the freedoms of expression and communication for individuals and business activities and the right to privacy of the worker, which imposes limitations on the means of control and surveillance available to the employer. The exercise of fundamental rights must comply with contractual good faith.
Equal Treatment in Employment and Labor Relations
Especially important is Art. 14CE, under which the Spanish people are equal before the law without any discrimination on grounds of birth, race, sex, religion, opinion, or any other condition or personal or social circumstance. Case law may distinguish two main rules: the first is a mandate of equality, and the second is a recognition of a right not to be discriminated against for reasons expressed. Recipients of the mandate of equality before the law are public authorities in its various branches. But the general rule of equal treatment policy also covers representatives of workers and entrepreneurs that develop collective agreements’ overall effectiveness.
In the labor contract prevails principle of contractual freedom or autonomy of the will of contracting individuals, which allows the individual protection of the rights and obligations concerning the employment relationship, provided that the minimum conditions of work. The normative equality requires equal treatment for equal conditions and situations but allows differences of regulation or treatment and justified by objective reasons. These causes are numerous, especially in relation to collective agreements. Among them are, by the merit and ability, the legitimate exercise of legislative and regulatory powers.
No Discrimination in Employment and Labor Relations
We distinguish two types of discrimination: direct discrimination, in which the factor of unequal treatment is a derogatory circumstance expressly mentioned in the constitutional provision, and indirect discrimination, in the fact that the differential is apparently neutral, but its effective implementation in practice, a disadvantage for members of social groups victimized. The prohibition of discrimination requires the public authorities and any persons acting in the labor market and labor relations, public or private individuals or groups, including associations and professional performances. Art. 14 mentions five factors or unique circumstances of discrimination but includes the open end a general clause which allows applying the constitutional provision prohibiting discrimination against those affected by the possible discriminatory factors, including disability, age, and sexual orientation. The discriminatory element extends only to those personal circumstances that may potentially involve social isolation or unreasonable prejudice to a defined group of people.
The professional rights that Art. 35.1 EC confers on all Spanish are recognized without discrimination based on sex. The main issue is equal pay for equal work and equal pay for work of equal value.
Subjects and Means of Action of the Industrial Relations System
Art. 28.1 EC recognizes the right to freedom of association and Art. 28.2 EC the right to strike. These precepts are located in the section on fundamental rights and freedoms. This means the pool of organic law, the inclusion in the core of constitutional rights to which media provides stronger protection and effective instruments: due process through a preferential and summary procedure and application for amparo before the Constitutional.
The main scope of freedom of association and the right to strike is the industrial relations system, whose core is the collective bargaining work by adopting joint decisions on the regulation of working conditions and employment and collective relations work. The right to collective bargaining is not unique to unions and business associations; it also extends to public officials. The negotiation is driven by different motivations, which combine the search space coincidence of interest with mutual pressure of the negotiating parties. The main mechanism of pressure is the right to strike, but it must also take into account the law has to take collective action and is similar to the right to strike, but it does not match it is not the same and may be subject to legal restrictions but rigorous. A typical manifestation is the power of a lockout.
Employment Objectives
Duty to Work and Professional Freedom
The freedom to work and have more professional freedom than a constitutional duty to work as it relates directly to the freedom and are a necessary ingredient for the free development of personality, which is considered one of the foundations of political order and social peace.
The freedom to work and freedom of choice of profession or trade is not completely override the duty to work but prevail over it in case of conflict, prevalence, which imposes a major limitation to the discipline of the labor market -side demand.
Full Employment and Right to Work
Full employment equilibrium is that total by volume of demand and supply volume of employment in the occupation or there jobs available for those willing and able to work. It means a commitment to ensure the occupation at all costs for everyone; they would not be feasible to fully and absolutely in a market economy. The formulation of this objective as a goal that focuses or directs the action of the government is careful to respect their competence in the choice of program economic and social policy that is considered most appropriate to achieve or approach it.
The margin of lesson aimed at full employment policy also stems from political pluralism, enabling the game from different ideological positions and programs and that is not supported, therefore, with a strict predetermination and closed lines of economic policy and social.
The right to work refers to the acquisition or retention of gainful occupation by those who have working capacity. Instead, full employment is a general economic situation in which the possibility of acquiring or retaining a job can be effectively exercised. The proper way to approach the relationship between the right to work and employment level is to consider the latter as the financial budget to exercise the first.
Training and Retraining
This rule commits the government to ensure that citizens have a wealth of knowledge and skills to develop productive activities appropriate to the prior art; this points to the goal of training. The full employment policy must aim not only occupation for everyone but efficient use of human resources, thereby eliminating the burden of underemployment in its various forms.
Status of Workers and the Law on the Employment Contract
The Law of Workers’ Charter is dedicated mostly to the management of the labor contract, which includes not only the contractual act of declaration of will of worker and employer to provide paid services but also the different aspects and vicissitudes relationship or legal relationship born of that act. But the matter regulated by ET is not limited to the management of the employment contract but extends to other labor law institutions, including especially the representation of employees in the company and the collective bargaining agreement.
Special legislation on the employment contract contained in the ET and regulations for application development and provides answers to key management problems of the individual employment relationship.
The Law of Workers’ Charter: Content, Modifications
When discussing the status of workers, it is referring either to the rights and duties of those who are bound by an employment contract or the rights and duties of those who are part of the active working population, regardless of whether they are occupied or not.
The contents of the Status of Employees: Three parts or “titles” now form the Workers’ Statute. We must stress the importance of its provisions attached (14 more, 11 transitional, 1 derogatory, and 5 end). They include precepts of undeniable practical significance, including management highlights some of the sources, others on force and repeal of, others on employment promotion, and those dedicated to retirement and institutional participation in professional organizations.
Reform and Consolidation of ET: The initial version of ET, established by Law 8 / 1980, has been amended 39 times. The abundance of legal changes of ET and the extension of the reform of 1994 advised the legislature to entrust the preparation of a consolidated text that would incorporate much of the previous legislation. The task of recasting the review was completed by Royal Decree 1 / 1995 of March 24.
The Law on Labor Contract
The core of the legislation on employment contracts is Title I of the ET. The normative group of the law of contract of employment is made today, in addition to Title I of the ET, by the rules of application and development thereof, and the very strange regulations that are the rules governing special working relationships.
Title I of the Statute of Workers: It has 70 articles distributed in 5 chapters. Title I Condition ET center or core of the labor contract law derived from three reasons. One is its own force of law, another is the purpose of establishing a minimum general regulation of working conditions for the entire labor population. The main reason is that it regulates working conditions in a strict sense but the conditions of employment and key aspects of the institution of contract.
Development regulations implementing Title I of ET: The ET is accompanied by several additional provisions of development. Within these regulations, we have to distinguish two groups: the regulation on procedures for hiring, regulators, and regulations unique working conditions.
Regulations on special working relationship: Art. ET 2.1 contains a list of “relations of a special nature,” the regulation refers to the regulatory powers. The list of Art. ET 2.1 includes the work of senior managers, domestic service, criminal work, that of professional athletes, the artists in public performances, the commercial operator dependent, the handicapped workers, and dock workers. The article itself provides an open-end clause extending the previous list to “any work that is specifically designated as employment of special character by a law.” Such a declaration occurred on three occasions: on the statement of work of the internees, for health professionals in residential status, and for the employment of lawyers who serve in law firms employed individual or collective.
The special working relationship, in principle, is not subject to the rules of ET. But it is common for Decrees of the same technique used for the referral of certain matters or regulatory aspects of the ET scheme.
Application to Workers in the Labor System of Public Adm. Provisions of the Statute of Public Employees
The Basic Statute of civil servants (EPC) contains specific provisions that apply to workers in labor legislation in the following areas:
- Definition and classification of personnel in the employ of the AP
- Access to public employment labor personnel
- Discipline
- Provision of jobs and workforce mobility
- Day, holidays, and paid leave
Labor laws should be considered “common law” of workers in labor legislation of the AP, subject to certain “specialties of public employment” contained in the EAF. For doubtful cases shall apply the criteria established regulatory conflict resolution in labor law.
Civil Residual
It should draw attention to those laws or regulations that are used explicitly or that apply constant extra labor relations. Among the former are civil norms on workers’ ability to contract and procurement rules for foreigners. Among the latter are the precepts of Title II of Book IV of the CC (of contracts) on valid requirements and rules of interpretation of contracts as well as some general precepts on testing and fulfillment of obligations, kinship, community property, and tort.
Legislation on the System of Industrial Relations
The existing legislation on the industrial relations system consists of four sets of rules, which correspond to the classical institutions of the Labor Relations Law: union representation in the enterprise, collective labor agreement, and strike.
The Regulatory Group of the Organic Law on Freedom of Association
The Organic Law 11/1985 of 2 August, Freedom of Association, was adopted on 26 July 1984. The mismatch of dates is because, once the parliamentary process, its entry into force was delayed by the interposition of several previous resources unconstitutional. The text adopted by the Parliament was declared constitutional in various shades of interpretation (item 7).
The content of the Organic Law on Freedom of Association: A remarkable feature of the LOLS from the point of view of the structure of the system is extending its scope to public officials and staff of statutory regulations. The legal protection of freedom of association of these public servants for the contentious-administrative court order, not the Force.
The normative group is composed of LOLS as well as by the law that is headed by various laws or regulations.
The Association Partnership Act 1977 and the Provisions of Common Application to Unions and Business Associations
The regulation is intended exclusively for LOLS labor unions, unlike the LAS on the regulation of the right of association, which was a bilateral application for labor union officials and business associations. The LOLS expressly determined the repeal of the provisions of the LAS with respect to unions. It has not been the same with business associations, for which the LAS maintains force mandated by the repeal of the provision itself LOLS.
Legislation on Workers’ Representatives in Enterprises and Workplaces
The core of the current regulations for workers’ representatives in the undertaking is Title II of ET, which includes articles on representations “unitary” or “elected” the staff in the workplace. These representative bodies are the “Works” on the production units of over 50 employees and “staff representatives” in the failure to achieve the threshold.
The regulation concerns the composition, powers, and functioning of such representative bodies as well as on the system of guarantees and facilities of workers who perform or make art from them. It also contains the legal rules of procedure for the election of works councils and staff representatives (so-called union elections) and the right of assembly in the workplace.
Title III of the ET (Negotiation and Agreement) and Provisions
The center of the legal regulation of collective bargaining agreements is Title III of the ET, comprising Articles 82 to 92. The legislature guaranteed by law the right to collective labor bargaining and the binding force of Conventions.
The main issues addressed are the subject regulatory capacity to conclude collective agreements, the negotiation process, and management subsystem forming their own norms.
The title III of the ET is escorted from three regulations, adopted following the entry into force of the initial ET, regulating administrative activities related to the collective bargaining process.
The Law on Labor Disputes and Decree-Law 17/1977
Decree-Law 17/1977 of Labor Relations (DLRT) is one of the main provisions of the political transition. Much of its precepts, such as those relating to dismissals and collective bargaining, have been superseded by later standards. The appeal was brought DLRT unconstitutional, decided by the TC. This ruling overturned by Brunei Darussalam some of the precepts of DLRT, considered incompatible with the constitutional order. The ruling has set itself while the interpretation to be given to other passages of the text and is responsible for establishing the principles of the right of collective labor disputes. Anyway, most of the original content has remained in force DLRT.
The Integration of the Legislation on Labor Relations System in the Legal System
The legislation on the industrial relations system does not form a whole system isolated from the rest of the JCO but is integrated into the same across multiple connections. The discovery and development of these connections correspond to the jurisprudence and academic writings, using the principles and basic concepts of the Labor Relations Law.
The law on trade unions and business associations are moving in the orbit of the law of associations. The Organic Law on the right of partners recognizes this connection to establish that its provisions “residual nature” for which “regulate specific types of associations.” For their part, representatives of the unit employees in companies combine normative elements of the mandate and political representation. The collective bargaining agreements involved in the scheme largely JCO contracts.
Legislation on Activities of the Public Authorities in Labor Relations
The labor system regulates relations with individual and collective work, other relationships characterized by the active presence of the public authorities in this sector of social life. Examples of this intervention in the world of work include promoting employment and vocational training, the granting of work permits to foreigners, etc.
The Law on Prevention of Occupational Risks and Their Provisions
The LPR establishes the general framework of what has been called to date health and safety at work. It consists of the following elements:
- The role of different sources in the organization of matter
- General obligations and duties to prevent employers and employees
- Preventive measure for special groups of workers (children, pregnant women, or with recent birth, etc.)
- Rights to consultation and participation of representatives of workers
- Responsibilities of the Adm. PUB. with preventive duties
- Liability and penalties on prevention
The general framework should be supplemented by other laws and regulations. Among the former are several precepts of ET, the law of temporary employment, law and general health of the general law of social security. The complementary role of regulation in prevention is very important; note that it includes, among other matters, the minimum requirements to fulfill the conditions for the protection of the safety and health of workers. They also force many existing regulations contain specific provisions concerning detention.
The Complex of Rules of Employment
Employment discipline is composed of several groups of measures, among which the rules of placement or employment agency services, the promotion of employment and occupational training, and continuing those relating to the employment of foreigners. The flow of new legislation in this area is constant since the mid-70s. Such legislation is, therefore, the mobility purpose of this piece of labor law to enhance the proper functioning of a sector of social life, as the labor market, whose problems can vary significantly in the medium and even short term.
The Employment Act has been proposed but failed completely, setting the general framework of policy JCO employment, which includes placement or employment mediation and active employment policies. JCO This general framework is composed of the objectives of employment policy, the rules of attribution of responsibility in this regard, by the principles of organization and operation of public employment services of the State and the Autonomous Communities, and the determination agencies who are entrusted with the management and program management of employment policy.
Within the legislation placement should involve also the law of temporary employment (letter). The final provision of the Act empowers the Government to issue implementing regulations and development, which have been approved by RD 4 / / 1995.
The LO of Qualifications and Vocational Training is a law setting the legal framework of vocational training, consisting of legal definitions, including targets or goals, formulating principles, identification of the main instruments of action, allocation of powers to different bodies or public or private. For the development of its provisions have been approved the RD 395/2007, which regulates the training subsystem for employment.
Administration of Work and Inspection of Work
State autonomy is necessary to speak Spanish the plural of WMD work because the CCAA with powers of enforcement of labor laws have a network of agencies themselves to develop the powers assumed. We will suffice with an indication of the main provisions of the Labor Administration of the State (item 19).
The administration’s main advisory body on social matters is the Economic and Social Council.
The evolution of the law of labor violations and penalties from the initial drafting of the Law on labor violations and penalties (LIS) has been characterized by a constant succession of changes to its precepts and by a marked tendency to spread penalty rules in different legal texts. The current text of the LIS has sought to address this instability and disintegration standards by grouping these provisions in a consolidated version.
The Laws on Due Process of Labor Law
Special legislation on the work process has a long tradition in Spanish law. Legislative Decree 521/1990 approved the text body of the LPL Labor Procedure Act). The LPL experienced many changes under Law 11/1994. 5th The final provision of this law (11/1994) authorized the government to draw up a consolidated text to incorporate those changes, prolonged and enhanced authorization Law 42/1994. The current revised text has been approved by legislative RD 2 / 1995.
Ensuring compliance with labor standards is reinforced in some cases of injury to the rights of workers you with criminal sanctions, applied by the organs of the court order. The minimal intervention principle that underlies the criminal justice system reduces infringements of labor standards to conduct criminalized particularly dangerous or harmful. Punitive systems in the field of labor relations and account with two different mechanisms of repressive laws.
LO adopted the current Criminal Code dedicated solely to Title XV his crimes against the rights of workers.
Jurisprudence in Labor Law
We distinguish different sectors or branches of law; it is useful to distinguish in the case which corresponds to the great branches JCAS. The work of the law often depends critically on the characteristics of sets of rules as “authoritative” or “binding” refers to agencies and courts of jurisprudence.
The Contribution of Labor Law Labor Law
The work order has a complex structure, which favors the appearance of conflict and adjustment problems of standards. The law provides different rules (hierarchy and subject to law, specialty, more favorable rules, etc.) to resolve these disputes regarding the plurality of provision. But these rules are themselves not free from problems of interpretation, and it often rests on elastic concepts, which confer a wide range of lesson to the interpreter.
Many provisions of labor law, particularly those of conventional or those who have had their origin in legislative bargaining process complicated, often suffer from technical flaws (gaps, obscurities, etc.) that give rise to interpretive questions. These issues are also resolved by jurisprudentially finish. Thus the labor law plays a significant role in clarifying obscure legal provisions, integration of regulatory gaps, and seeking harmonious interpretations of principles and rules is not always easy conjunction.
The interpretation of the standard to new circumstances and assessments took place less importance in the case of work today.
Another factor in the jurisprudence is the configuration of judicial review of those aware of the high court jurisprudence in charge of the work. This factor largely influences the selection of subjects and issues are decided case law and also influences the degree of generality of causismo or case law decisions.
Labor Court of TS
TS labor jurisprudence extends virtually the entire labor system. The current configuration of key resources encourages the development of case law decisions endowed with a certain level of generality. Such is the special remedy of appeal for unification of doctrine which eliminated the procedural debate the issues of fact, limiting the decision solely to the choice between conflicting interpretative options. Sometimes even in the appeal of ordinary, where the matter under discussion is the general validity or interpretation of a group of workers of a rule of labor law.
The jurisprudence of the TS on labor is primarily the Social Chamber, which is the one known from extraordinary remedies of appeal of the claims that are promoted within the social arm of the law, both in individual and collective disputes. It also hears disputes labor provisions are designed to the Chamber of Administrative Litigation of TS, which is assigned the overall control for regulation and review of certain administrative acts or governmental intervention in labor relations: administrative sanctions, work permits, establishment of minimum services in strikes, etc.
The attribution to the Social Chamber of the TS of jurisdiction by way of ordinary appeal proceedings or proceedings relating to collective rights, labor law has been extended to other materials not previously accessed or accessed with greater difficulties in knowledge of TS, including representative bodies in the company, standing conventional joint negotiating committees and collective agreements, negotiated procedures, qualification of treaty clauses, etc.
An appeal for unification of doctrine may be used interchangeably, without limitation direct grants issue, to resolve individual issues of law, questions of law or collective, or personal issues. The unification of doctrine jurisprudence is projected on all sides of labor law but with greater intensity in disputes over contracts and individual employment relationships.
The Labor Law of the TC
It is primarily the TC control of the constitutionality of labor laws. This work is added to establish the constitutional jurisprudence on fundamental rights and public freedoms in all spheres of social life and therefore also in the relations.
The role of CT “negative legislator” order expelling the legal provisions which are inconsistent with the EC has been felt in labor on several occasions. Chief among these has been to: Decree-Law 17/1977 of relations, in part on strike and collective conflicts, several of the principles, certain accessories in the structure of the provision were eliminated in the TC 11 / 1981.
The declaration of unconstitutionality of certain interpretive options of legal texts (so-called interpretative judgments of refusal) is a technique of constitutional jurisprudence that has also been used frequently in labor matters.
The jurisprudence of the TC on industrial relations has been extended to all parties that comprise the constitutional framework of the same. The contribution has been greatest in the work process and in the institutions of the industrial relations system. This is due to the presence in these parts of labor law, fundamental rights for which open the way of constitutional complaint.
Labor Court of the Court of Justice of the European Communities
The work of the ECJ jurisprudence is developed primarily through referrals for preliminary rulings by the courts of the Member States on the problems of interpretation that might raise the standard Community Law. The approach to these issues is discretionary to the national courts, except for those who decide without further action, case in which the preliminary ruling is required.
The community is particularly rich case law on the free movement of workers and equal treatment for men and women at work.
Since the ’80s, the ECJ case law has extended to many fields, including business succession, limiting working hours, wage guarantee, or information to workers about working conditions.