Spanish Labor Law: Sources and Constitutional Framework
Concept of Labor Law
Labor law is defined as the set of rules governing paid, voluntary, and dependent work. Key concepts that frame this work activity include:
- Compensation: The employee receives payment for performing work.
- Voluntariness: The worker provides services freely, without coercion or pressure.
- Dependency: Work is performed for an employer, meaning the worker is subordinate and not self-employed.
- Alienation (Fruit of Labor): The results of the worker’s efforts belong to the employer; the worker receives a salary in return.
International Organizations
International Labor Organization (ILO)
Created in 1919 under the Treaty of Versailles after World War I, the ILO aims to promote international labor standards. For ILO standards to have validity in Spain, they must be ratified by Parliament and published in the Official State Gazette (BoletÃn Oficial del Estado – BOE).
European Union (EU)
Spain joined the EU in 1992, which allows for the free circulation of workers within the European territory. The European Union has the authority to develop regulations that must be complied with by member states. There are two main types of legal acts:
- Regulations: These have direct effect and are binding in their entirety once published in the Official Journal of the European Union.
- Directives: These have indirect effect. They set objectives that member states must achieve, but states are free to choose the form and methods of implementation to reach those goals.
The Spanish Constitution of 1978 and Labor Law
Approved in 1978, the Constitution occupies the highest rank among all legal standards in Spain.
Fundamental Rights
These include the right to freedom, freedom of association (unions), the right to strike for the defense of workers’ interests, the right to non-discrimination, the right of assembly, the right to honor and privacy, the right to education, etc. The Spanish Constitution considers these rights highly important and establishes special guarantees. Any person can claim these rights. They must be regulated by Organic Law, and violations can be appealed to the Constitutional Court through a special procedure (recurso de amparo).
Rights and Duties of Citizens
These include:
- The right and duty to work.
- The right to free choice of profession or trade.
- The right to promotion through work.
- The right to sufficient remuneration.
- The right to collective bargaining.
Guiding Principles of Social and Economic Policy
These principles delve further into social rights and duties, such as:
- Limitation of working hours.
- Continuing professional development and training.
- Occupational health and safety.
- Paid periodic holidays.
- The right to a public system of Social Security.
- Worker participation in the company.
The State Power Structure
The three branches of government are the legislative, executive, and judicial powers.
Legislative Power (Parliament – Cortes Generales)
The Cortes Generales are formed by two chambers:
Congress of Deputies (Lower Chamber)
Consists of 350 deputies elected every 4 years.
Senate (Upper Chamber)
Has a variable number of senators elected through two procedures: direct suffrage or appointment by the parliaments of the Autonomous Communities.
Types of Laws
- Organic Laws: Regulate fundamental rights and duties, requiring an absolute majority in the Congress of Deputies for approval.
- Ordinary Laws: Regulate other matters and do not require an absolute majority for approval.
Executive Power (Government)
The Government enforces the laws created by the legislative power. The executive branch may also develop standards with the force of law:
Regulations with Force of Law
- Royal Legislative Decree: A regulation with the force of law prepared by the Government based on legislative power delegated by Parliament.
- Royal Decree-Law: A regulation with the force of law prepared by the Government in cases of extraordinary and urgent need, requiring subsequent validation by Congress.