Labour Law Introduction

Labour Law Introduction

• Law is a set of rules for co-existence
• Public law governs state-individual relations (administrative, procedural, criminal, taxation)
• Private law governs individual-individual relations (civil, commercial, international)
• Trade union law deals with collective bargaining agreements, where unions negotiate worker rights with the government.

Scope of Labour Law

• Workers' Statute Art 1: A set of social relationships arising from services performed for others
• Applies when: free will, remuneration, a dependent relationship, services rendered on behalf of another, or when employment is based on personal qualifications and skills.

Labour Throughout History

• Ancient Times: Manual labour, worker = slave, only master-imposed duties, no salary
• Roman Empire: Labour differentiated from work (creative/artistic); contracts between employers and free men (locatio conductio operis/operarum)
• Middle Ages: Workers (slaves, freemen, serfs); feudalism (protection and land in exchange for a portion of the harvest)

Guiding Principles of Labour Law

• Limitation of parties' free will, differing from civil law principles
• Principles currently applying: more favorable rule, more beneficial condition, inalienability of rights

Factors Determining Labour Law Genesis

• Sociological: Change in work organisation ; change in worker population (workers/capital owners)
• Legal: Liberal individualistic law; freedom of contracting & unionism prohibition
• Social: Labour movement (collective worker actions, associations of workers)

State Intervention in Labour Relations

• Labour law first rules: Limit working hours and breaks
• Interests of the public authorities, employers, and workers
• Jurisdiction of the judicial power; Courts of Justice

Sources of Labour Law

• Generic and specific rules: Shared with other legal systems; unique to labour as CBA or employment contract
• General and sectoral rules: Worker's statute sets out minimum conditions (cannot worsen or contradict worker's rights)
• National and international: Spanish constitution, Spanish labour sources, ILO, EU regulations, international treaties, international jurisprudence

Spanish Constitution and Social/Democratic Rule of Law (Principles)

• Principles of the legal system: freedom, equality, justice, political pluralism
• Recognition of trade unions and employer associations as representatives of collective interests.
• Fundamental rights: Specific labour rights (strike, freedom of association, right to work, sufficient remuneration).
• Guiding principles of social and economic policy: social security, health & safety
• The International Labour Organization (ILO)
• Pacts of conventions of the UN
• Bilateral and multilateral agreements
• EU legislation (Organic law: freedom of association [strike]; Ordinary law: ex-> temporary employment agencies; legislative decree; laws with the rank of law- urgent need or legislative delegation)

Collective Bargaining Agreements (CBAs)

• An agreement between employers and worker reps that sets working conditions and productivity
• Binding for both parties, governing economic and labour aspects of work

Employment Contracts:

• Workers' Statute (Art 1): Governs relations where individuals provide paid services under the organisation or management of another.
• Elements for a contract: voluntary work, personal nature of service, employer/employee dependency relationship, remuneration/ payment.
• Nature of contracts (Types)
• Probation period
• Notice periods (employee/employer) for contract termination or changes in conditions.

Dismissal Causes

• Collective dismissal (affects workers in a group and time period)
• Objective dismissal (justifiable reasons) & subjective dismissal (actions/omissions)
• Force majeure (unforeseeable circumstances)
• Mutual agreement

Working Day, Hours, Holidays, Overtime, Salaries

• Work hours, fixed salary, overtime
• Ordinary working day duration (40hrs/week, computation over 1 year)
• Specific limits on hours (e.g. minors, night work, rest days)
• Minimum breaks
• Protection of workers, health, maternity leave, paternity leave

Temporary Contracts

• Temporary contracts for training/practice, production circumstances/substitutions, or for the temporary filling of positions
• Time limits and conditions

Internship Agreement

• Doesn't establish a labour relationship
• May be paid or not

Hand-Over or Transfer Contracts

• Contract linked to part-time work due to retirement, contributions, time in company, at least 63 years old.
• Indefinite contract: There are no time limits, verbal or written; indefinite unless proven otherwise

Part-Time Contracts (After 2022 Reform)

• Part-time work as less than the amount of work hours of a regular worker
• Alternating contracts and permanent discontinuous contracts CAN be part-time, if noted in CBA
• Additional hours CAN be agreed on, but can not exceed over 60% of the ordinary hours

Distance Work (Telework)

• Remote work where the worker works for 30% or more of the day for 3 months

Occupational Health Obligations (Workers Statute)

• Principal and subcontractor companies must cooperate in occupational risk prevention
• Must establish coordination measures for prevention and protection
• Conduct of risk evaluations and monitoring compliance

Industrial Collective Agreements

• These agreements guarantee that all worker types and companies adhere to the industrial agreement's rules.
• Agreements take precedence over the company's agreements when there are multiple agreements
• Suspension of employment relationships

Leave of Absence

• Forced leave of absence due to public office activity. Workers can take leave due to health conditions, maternity/adoption/fostercare or childcare, or other special circumstances.
• There are no limits to the duration of the leave, but if a worker doesn't return there is cause for disciplinary treatment or dismissal)

Company Succession

• Transfer of undertakings (change of ownership).
• Obligations/responsibilities (of the previous and new employer, the new employer is subrogated to the rights and obligations)

Contractual and Sub-contracting (Outsourcing)

• Legality and contractual conditions
• Rules under Worker's Statute and the Constitution.
• Types of employment contracts (employer/contractor/subcontractor, the main company and auxilliar companies)

Liability

• Joint liabilities for salary and social security obligations (employer/contractor/subcontractor)
• No joint liability in specific cases (e.g., construction or home repair)
• Obligations of the principal company, contractor, and subcontractor

Functional Mobility

• Employer's power to reassign tasks/functions, but respecting the legal limits (heterogeneous & autonomous)