Spanish Labor Law and Legal System: A Comprehensive Guide
Labor Law and Legal System
Sources of Law
Legal sources establish the origin and principles of labor law. Authors typically define two meanings:
- Source Material: The state organ or group that issued the social norm.
- Normal Source: The text or location containing the standard applicable to a specific case.
Formal Sources in Spanish Law
According to Article 1 of the Spanish Civil Code, the sources of the Spanish legal system are:
- The Law: Article 1 of the Civil Code cites applicable law as the primary source.
- Custom: Defined as a specific, repeated social behavior that becomes the norm.
- General Principles: Underlying ideas or guidelines within a branch of law.
- Jurisprudence: The criteria consistently used by the Supreme Court.
The Powers of the State: Legislative, Executive, and Judicial
The theory of the separation of powers, designed to prevent abuse and limit royal authority, dictates that the state distribute power among organs performing distinct functions:
- The Legislative Power: Responsible for developing and passing laws. It comprises the Spanish Parliament (General Courts), which is bicameral, consisting of the Congress of Deputies and the Senate.
- The Executive Power: Responsible for governing under the laws. It consists of the King (Head of State) and the government, headed by the Prime Minister. The King symbolizes unity and remains in the state, arbitrating and moderating political forces. The Prime Minister leads the Council of Ministers. The government manages the nation’s political and administrative life, holding the real executive power. Parliament can withdraw confidence in the government through a vote of no confidence initiated by the Prime Minister or a motion of censure proposed by Parliament.
- The Judiciary: Exercises the power to adjudicate and enforce the law solely through the judiciary, composed of independent judges subject only to the rule of law. The independence of judges means they cannot have any political affiliation. Tenure is a consequence of this independence. The judiciary is the most independent of the three branches of government.
Rules and Classification
- Rules: Can only be overturned by a subsequent rule of equal or higher rank.
- Written Law: Always prevails over unwritten law.
- Operative Rules: Only govern if parties have agreed otherwise.
- Mandatory Standards: Must be met in their strict terms, with no deviation from the agreed-upon regulations.
International Treaties and European Union Law
International treaties are agreements typically signed between sovereign states or between states and international organizations. Labor law conventions include the International Labour Organization (ILO).
Primary EU law consists of major treaties that have shaped European unification and the accession treaties of member states. Secondary legislation highlights three types of rules:
- Regulations: General and mandatory rules.
- Directives: Oblige member states to achieve a specified outcome.
- Decisions: Binding in their entirety for their intended recipients.
Conduct Emanating from Parliament
The General Courts produce organic laws and ordinary laws, both subordinate to the Constitution. Organic laws regulate fundamental rights and public liberties. Through ordinary law, Parliament can authorize the government to consolidate legislation or establish a framework law for drafting legal texts.
Parliament’s role is to create laws. For reasons of urgency, necessity, or through the delegation of legislative power, the government can also issue regulations, which rank below the law.
Royal Decrees
Rules with the force of law, issued by the government to regulate situations of extreme urgency or need requiring a regulatory instrument.
Royal Legislative Decree
The General Courts, through legislation, may delegate authority to the government to issue rules with the force of law.
Regulatory Power
The government can develop provisions of law or a rule within that scope, creating rules hierarchically below it. These include:
- Royal Decrees (RD): Issued by the Council of Ministers.
- Orders of Delegated Committees: Established by several ministries.
- Ministerial Orders: Issued by a minister regarding their department.
Persons Excluded from the Employment Relationship
| Assumptions Excluded | Features |
|---|---|
| Public Officials | Provide services in public administrations. |
| Mandatory Personal Benefits | There is no employment contract. |
| Directors and Managers of Companies | Their role should be limited to participation in the company’s board. |
| Work Accomplished by Benevolence and Good Neighborliness | Based on gratitude and friendship. |
| Family Work | Performed by spouse, ascendants, descendants, and other relatives. |
| Persons Involved as Agents Assuming Risk and Responsibility for Operations | Participate in corporate transactions on behalf of one or more employers. |
| Exclusion of a General Nature | Cases where actions fall outside the organization and conduct of the employee or employer. |
Special Labor Relations
Excludes senior management personnel (Article 1.3.c of the Workers’ Statute), domestic service staff, convicts in correctional institutions for minors, professional athletes, special schools for the handicapped, public entertainment artists, salespeople, maritime workers, dockworkers, and lawyers providing services in individual offices or groups.
Sources of Employment Law
Governed by the following formal sources, from highest to lowest category:
- State laws and regulations
- Collective agreements
- Local usage and professional customs
- General principles of labor law
Hierarchy of Rules: Principles of Minimum Standards and More Favorable Rules
Regulatory hierarchy dictates that implementing provisions and regulations must adhere to superior rules without establishing different working conditions. Minimum standards: Conflicts between labor standards must always respect the minimum legal standard. More favorable rules: Resolved by applying the most favorable standard for the worker.
Enforcers of Labor Law
Administrative Functions and Powers of the Autonomous Communities
Autonomous communities, as provided in their statutes of autonomy and under the powers transferred from the central government, are responsible for implementing the following administrative functions:
- Control of accident prevention and occupational safety and health at work
- Declaration of toxic, dangerous, and uncomfortable work
- Powers vested by law in the field of collective agreements
- Reception and control of declarations of strikes and lockouts
- Medication, arbitration, and conciliation tasks
- Deposits of union statutes and business associations
- Authorization of collective bargaining agreements
- Approvals of placement agencies
- Founding and government support in terms of occupation
- Imposition of sanctions
The Inspection of Work
The administrative body responsible for monitoring compliance with labor standards and safety.
The Employment Tribunal
The judiciary ensures compliance with the rules and settles disputes between employers and employees.