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Questions and Answers
Which of the following is NOT a mandatory circumstance for conciliation before taking a company to court?
Which of the following is NOT a mandatory circumstance for conciliation before taking a company to court?
What is the role of the conciliator in the proceedings?
What is the role of the conciliator in the proceedings?
What happens if the company fails to appear for the conciliation proceedings?
What happens if the company fails to appear for the conciliation proceedings?
Which of the following is NOT a potential outcome of a dismissal case in court?
Which of the following is NOT a potential outcome of a dismissal case in court?
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What are the main objectives of the act of conciliation?
What are the main objectives of the act of conciliation?
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What was the main societal change that occurred during the transition to capitalism?
What was the main societal change that occurred during the transition to capitalism?
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Which factor contributed to the emergence of labor law during the industrial revolution?
Which factor contributed to the emergence of labor law during the industrial revolution?
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What was one of the roles of guilds in pre-capitalist society?
What was one of the roles of guilds in pre-capitalist society?
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Which of the following was not a determined factor in the genesis of labor law?
Which of the following was not a determined factor in the genesis of labor law?
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Which of the following statements accurately reflects capitalist working conditions after the industrial revolution?
Which of the following statements accurately reflects capitalist working conditions after the industrial revolution?
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The judicial power is primarily responsible for which of the following in relation to labor matters?
The judicial power is primarily responsible for which of the following in relation to labor matters?
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What social movement concept first emerged as part of the labor movement?
What social movement concept first emerged as part of the labor movement?
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What is the required notice period for disciplinary dismissal?
What is the required notice period for disciplinary dismissal?
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Under which circumstance is no notice required for dismissal?
Under which circumstance is no notice required for dismissal?
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Which type of employment contract is recognized for employees working less than full time?
Which type of employment contract is recognized for employees working less than full time?
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What is a mandatory element in a remote working agreement according to Law 10/2021?
What is a mandatory element in a remote working agreement according to Law 10/2021?
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Which of the following best describes a temporary contract?
Which of the following best describes a temporary contract?
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What defines a regular remote work situation under Law 10/2021?
What defines a regular remote work situation under Law 10/2021?
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What should a remote working agreement particularly outline regarding technical difficulties?
What should a remote working agreement particularly outline regarding technical difficulties?
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Which of the following contracts is classified as indefinite?
Which of the following contracts is classified as indefinite?
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In which circumstances is a training contract typically used?
In which circumstances is a training contract typically used?
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Which of the following best describes 'force majeure' in the context of dismissal?
Which of the following best describes 'force majeure' in the context of dismissal?
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What is the primary purpose of a Collective Bargaining Agreement (CBA)?
What is the primary purpose of a Collective Bargaining Agreement (CBA)?
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Which type of Collective Bargaining Agreement is more legally binding?
Which type of Collective Bargaining Agreement is more legally binding?
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How is the Principle of the Most Beneficial Condition beneficial to workers?
How is the Principle of the Most Beneficial Condition beneficial to workers?
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What distinguishes Extra-statutory Collective Bargaining Agreements from statutory ones?
What distinguishes Extra-statutory Collective Bargaining Agreements from statutory ones?
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What is a key feature of either the Royal Decree-Law or Legislative Decree?
What is a key feature of either the Royal Decree-Law or Legislative Decree?
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Which of the following is NOT a classification under Collective Bargaining Agreements?
Which of the following is NOT a classification under Collective Bargaining Agreements?
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What is the significance of the Principle of Inalienability of Rights in labor law?
What is the significance of the Principle of Inalienability of Rights in labor law?
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Which type of Collective Bargaining Agreement primarily impacts only one company?
Which type of Collective Bargaining Agreement primarily impacts only one company?
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Which international entity is primarily involved in establishing labor standards?
Which international entity is primarily involved in establishing labor standards?
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What is the duration limit for a leave of absence to take care of a family member?
What is the duration limit for a leave of absence to take care of a family member?
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In the first year of a leave of absence, what happens to the employee's job position?
In the first year of a leave of absence, what happens to the employee's job position?
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What is the minimum time frame before reinstatement that an employee must request a return to their job?
What is the minimum time frame before reinstatement that an employee must request a return to their job?
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Which situation is treated as a dismissal when an employer refuses to reinstate an employee?
Which situation is treated as a dismissal when an employer refuses to reinstate an employee?
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What must the employer do if they refuse to reinstate an employee?
What must the employer do if they refuse to reinstate an employee?
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How long can a worker be denied a leave of absence after having another child?
How long can a worker be denied a leave of absence after having another child?
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What happens in terms of salary while waiting for reinstatement?
What happens in terms of salary while waiting for reinstatement?
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What is the extended reservation period for job positions when a worker is part of a large family?
What is the extended reservation period for job positions when a worker is part of a large family?
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What must an employee do to claim back pay after a leave of absence?
What must an employee do to claim back pay after a leave of absence?
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What is the requirement for working during a leave of absence if the new job provides childcare?
What is the requirement for working during a leave of absence if the new job provides childcare?
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Study Notes
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)
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Description
This quiz covers the fundamentals of Labour Law, including its definitions, scope, and historical evolution. Understand the distinctions between public and private law, as well as the rights of workers and collective bargaining agreements. Test your knowledge of the social relationships and laws that govern work and employment.
