Understanding Labor Law: Rights, Duties, and Principles
Internal Sources: The Constitution is the highest legal authority, superseding all other laws. All rules and laws must be developed from the Constitution. The job content includes fundamental rights, freedoms of citizens, and economic and social principles that guide the policies of governing bodies.
Laws: These originate from the courts and the government:
- Organic Laws: Govern matters relating to the development of fundamental rights and civil liberties.
- Ordinary Laws: All laws passed by the Parliament that are not organic laws.
- Decree-Laws: In cases of extraordinary and urgent need, the Government may create rules in the form of decree-laws, but these cannot affect matters governed by organic laws.
- Legislative Decrees: The Parliament can delegate to the government the power to issue legislative rules with the force of law, which can be articulated or consolidated texts.
Regulations: Legal rules subordinate to the laws, issued by the Government, Ministers, or other bodies with regulatory powers.
Collective Agreement: A special source of labor law, defined as a written agreement, freely negotiated between representatives of workers and employers, to regulate working conditions and living standards in companies.
Employment Contract: The contract reflects the will of both parties. No contract can establish conditions less favorable to the employee or contrary to established legal rules and collective agreements.
Local Customs and Professional Practices: Apply only when the law itself refers to local custom or professional practice to clarify the extent of its own provisions. Local property refers to a specific locality, and professional property refers to a particular branch of production.
Rights:
- Work and free choice of profession
- Free association
- Collective bargaining
- Adoption of collective action
- Strike
- Reunion
- Participation in company
- Incumbency
- Promotion and training at work
- Equal treatment and non-discrimination
- Physical integrity and adequate health and safety policy
- Respect for privacy and dignity
- Rest and timely perception of the agreed remuneration or legally established
- Individual exercise of action arising out of contract
Duties:
- Meeting the specific obligations of their jobs, according to the rules of good faith and diligence
- Observing the safety and health measures
- Fulfilling the orders of the employer in the regular exercise of its powers directives
- Not competing unfairly with the firm
- Contributing to improving productivity
- Complying with labor contracts
Duties of Employer: To respect the rights of workers and enforce the labor standards in all aspects.
Principles for the Application of Labor Standards
Principle of Minimum Standards: Superior rules determine the minimum content of the rule to be followed, establishing working conditions that cannot be derogated to the detriment of the worker. Therefore, labor standards of lower rank may provide better working conditions than the standard range, but never worse.
Top of More Favorable Rule: When two or more rules, whatever their rank, are applicable to a particular case, the one that is more favorable to the worker will be applied in its entirety.
Top of Inalienability of Rights: Workers cannot waive the rights that are recognized in the laws and collective agreements.
Top-Most Beneficial Condition: If a labor standard establishes conditions worse than those contained in contracts, the more advantageous conditions that were set previously prevail.
Beginning in Dubio Pro-Worker: Courts, in case of doubt concerning the application of the rule, interpret it in the manner most beneficial for the worker.