Labour Law Overview

Labour Law

• Law is a set of rules for coexistence
• Public law governs state-individual relations; includes administrative, procedural, and criminal law, and taxation.
• Private law governs individual relationships; includes civil, commercial, and international law.
• Trade union law (CBA) involves unions negotiating with the government for worker rights.

Scope of Labour Law

• Workers statute Art 1: Defines a social relationship where someone provides services for another.
• Applies to free will, paid services, dependent relationships (management by another), service on behalf of another, and personal qualifications.

Labour Through History

• Ancient times: manual labor, worker = slave, only duties dictated by the master.
• Roman Empire/Roman law: distinction between labor (hard work) and work (creative). Contracts between employers and free-men (e.g., specific-piece contracts).
• Middle Ages: workers as slaves, freemen, serfs. Feudalism provided land & protection in exchange.

Pre-Capitalism

• Building of cities and trades
• Guild system: protected members, fixed working conditions, compulsory membership.

Capitalism

• Industrial revolution caused factory growth and urban migration.
• Political and economic liberalism: minimal state intervention in the market.
• Social unrest, need for labour and social peace.
• Factors in development of labour law: social changes (work organization, population), legal factors (individualistic law), social actions (worker associations).

State Intervention

• Early labour laws focused on limiting working hours, breaks, etc.
• Developed interest and involvement of the government and the public authorities in labor relations.
• Evolution of attitude toward unions and collective rights
• Specialised administration

Sources of Labour Law

• General rules: worker’s statute, setting out minimum conditions.
• Sectors-specific rules.
• National sources: Spanish Constitution, statutes, collective agreements, custom, and general principles of law.
• International sources: EU regulations and directives, ILO recommendations, international treaties, international jurisprudence.

Spanish Constitution

• Democratic rule of law.
• Recognition of trade unions & employers' associations.
• Public rights & freedoms including fundamental rights (labor rights specific).

International Treaties

• International Labour Organization (ILO) agreements.
• United Nations (UN) conventions.
• Bilateral & multilateral agreements.

Collective Bargaining Agreements (CBAs)

• Agreements between employers' reps. and worker reps. on working conditions.
• Binding contracts for both parties governing work and economic labor aspects.

Employment Contract Elements

• Voluntarily undertaken services.
• Subordination/dependency relationship.
• On behalf of others (non-ownership).
• Remuneration/reciprocal compensation.

Probation Period

• Time period agreed by both parties for a termination (no prior notice or compensation required).
• Maximum length limit set in terms of qualified workers (6 months), or unqualified ones (2 months).

Notice Period

• Time period for either party to notify the other of an event (termination, condition change, dismissal).
• Purpose: minimizes damage and gives other party time to act.

Dismissal (Termination)

• Collective dismissal: affects a group of workers.
• Objective dismissal: justified, e.g., economic hardship.
• Disciplinary dismissal: based on worker's conduct breach.
• Force majeure: events outside company's control (e.g., natural disasters).

Types of Work Contracts

• Training
• Temporary
• Indefinite
• Part-time - contracts where the working hours are less than comparative fulltime worker.

Distance Work (Telework)

• Remote work where at least 30% of work is done remotely over a 3-month period.
• Agreements must be in written, voluntary, and reversible.

Working Day

• Essential condition of the labour relationship:
• Duration is determined by collective agreements or contracts.
• Maximum duration (40 hours/week)
• Overtime: extra hours above the maximum.
• Paid breaks: mandatory breaks depending on continuous working time.

Night Time Work

• Special regulations for work between specific hours. (22:00 - 06:00)
• Not applicable to minors or pregnant women (specific situations).

Vacations

• Duration: at least 30 calendar days, agreed between the employer and the worker, or in the company’s conventions.
• Time period must be provided to the worker at least 2 months before the vacation start date.

Salary

• Total economic compensation for services.
• Can include cash or in-kind payments.
• Minimum wage is set annually.

Functional Mobility

• Ability of the employer to assign different tasks to an employee.
• Heteronomous limits: dictated by the law.
• Autonomous limits: determined by agreement between the parties (contractual freedom).
• Geographical mobility: changing the place where work is. Requires agreement between the parties but certain conditions are required when it comes to the distance to work and the domicile of the worker.

Company Succession

• Transfer of undertaking when business ownership changes: the new employer assumes obligations of the old one.
• Subrogation: new employer becoming responsible for the previous employer's rights and obligations as of the moment of the transfer.

Information Obligations

• Transparency obligations related to employment contract changes; required information given in good time to the representatives.

Job Liability

• Legal responsibility related to employer duties given to them based on the legal system.
• Responsibility for contract compliance and obligations related to workers.

Labour Disputes Resolution

• Mediation: neutral expert proposes solutions.
• Negotiation: parties try to reach agreement.
• Conciliation: neutral assists parties in negotiations.
• Arbitration: legally binding solutions.

Lock Outs and Strikes

• Lock-out: employer temporarily closes the workplace.
• Strike: workers collectively refuse to work to demand better conditions.

Leave of Absence

• Forced leave: worker takes leave due to public office.
• Voluntary leave: absence from work for personal reasons agreed by the worker & employer.
• Childcare leave: absence to take care of children.

Termination of Employment

• Various causes (e.g., mutual agreement, breach of contract, retirement).
• Notice periods, obligations regarding salary and social security, related to the termination.

Occupational Health

• Employers must work in coordination to implement preventative measures.

Industrial Collective Agreements

• Agreements are applicable and take precedence over other agreements.

Suspension of Employment

• Temporary release from obligations to work and pay.
• Examples: due to childcare (maternity/paternity/foster care) or health reasons/illness.

Explore the fundamental concepts of Labour Law, including its definitions, scope, and historical context. This quiz covers public and private law, workers' rights, and the evolution of labor relations from ancient times to the modern era.