Spanish Labor Law Quiz

Introduction to Labour Law

• Law is a set of co-existence rules
• Public law governs state-individual relationships (administrative, procedural, criminal, taxation)
• Private law governs individual relationships (civil, commercial, international)
• Trade union law (collective bargaining agreements) negotiates workers' rights with the government

Scope of Labour Law

• Workers' Statute (Art. 1) sets out social relationships when someone provides services to others.
• It applies in cases of: free will, renunciation, dependent relationships, services on behalf of others, and personal qualifications/expertise.

Labour Throughout History

• Ancient Times: Manual labor, worker-slave, only duties imposed by the master, no rights/salary.
• Roman Empire: Distinction between labor (hard work) and work (creative), contracts between employers and free men (task completion, service hire).
• Middle Ages: Workers – slaves, freemen, serfs; feudalism – land and protection in exchange for a percentage of harvest.
• Pre-Capitalism: Growth of cities, trades, merchants, artisans, carpenters; self-employed; birth of guilds (early form of trade unions).
• Capitalism: Industrial revolution, factory growth, rural-urban migration, political/economic liberalism; exploitation of workers, social unrest.

Not All Kinds of Work are Regulated by Worker's Statute

• General principle of labor law: limitation of free will ≠ civil law principle.
• Guiding principles for labor law application: more favorable rule, more beneficial conditions, inalienability of rights.

Factors Determining the Genesis of Labour Law

• Sociological Factor: Change in work organization, change in working population structure (workers/owners).
• Legal Factor: Freedom of contracting, unionism prohibition.
• Social Factor: Labour movement; first workers collective actions, workers associations.
• Political Factor: State intervention in labour regulations; shy intervention, contract of employment legalisation, support for unionism and collective rights, specialized administration.

Sources of Labour Law

• Shared Sources: Common with other legal systems (law/custom); unique to labour - CBA, employment contract
• General Rules: Workers' statute establishes minimum employment contract conditions.
• National and International Rules: Spanish Constitution, national statutes, collective agreements, employment contract customs, general principles of law; EU regulations, ILO conventions, international treaties, international jurisprudence
• Generic Rules: Applicable to all branches/general labour law sources.
• Specific Rules: Related to particular sectors.
• Classification: Company collective agreements affect specific companies

State Intervention in Labour Relations

• Labour law rules to limit working hours/breaks
• Public interest, employer interest, employee interest.
• Structure and role of the judicial power is jurisdiction, who administrates justice, the courts of justice.

Social Labour Courts

• Superior Courts of Justice (CCAA) resolve appeals of social labour courts.
• Social Chamber of the National High Court resolves collective disputes at the national level or multiple CCAA.

Introduction to Labour Law

• Essential Conditions of Labour Relationship: Working hours as a limit of work performance and conditions of work services.
• Essential Elements of Contract: Volunteer, personal nature of services, employer subordination, remuneration.
• Worker's Role: Employment contract subject, part of a union, protected by Social Security legislation.
• Employer's Responsibility: Physical or legal person employed by workers, contracted by temporary agencies.

Working Day, Hours, Holidays, Overtime, and Salary

• Working Day: Duration as agreed in collective agreements and contracts- maximum 40 hours a week, minimum breaks.
• Protection of Workers under 18: Cannot work more than 8 hours a day and 40 hours a week
• Protection of Workers’ rights: Ordinary hours, distribution, night time and breaks during the working day
• Leave, holidays and overtime: Agreed period off, paid/non-recoverable, maximum period.
• Salary: Total economic compensation including cash and kind compensations, cannot exceed 30 % of total yearly salary.

Sources of Labour Law

• Generic Rules: Apply generally.
• Specific Rules: Address specific sectors or occupations.
• General Rules: Worker's Statute, minimum conditions.
• National and International Rules: Applicable laws and regulations (Spanish Constitution, ILO, EU directives).

Different Types of Contracts

• Training, temporary, full-time, part-time, distance work.

Principles of Labour Law

• Principle of the most favourable rule
• Principle of the most beneficial condition
• Principle of inalienability of rights
• Principle of in dubio pro operario
• Principle of good faith
• Principle of work continuity
• Principle of the primacy of reality

Employment Contracts

• Duration: Fixed-term, indefinite, for those whose employment time is shorter or longer than 3 months.
• Scope of application: Depending on the sector, company, type of worker
• Written and Verbal Contracts: Legality and form
• Probation period: Temporary period
• Notice period: Advanced notice required
• Minimum Required Contract Clauses: A legally binding agreement specifies minimum requirements.

Dismissal

• Types: Objective (e.g., serious misconduct, incompetence, breach of duty), Disciplinary, collective (affecting a group for economic/technical reasons)
• Procedure: Following regulations, notifying employee, and possible appeal to social/labour court
• Grounds: Specific reasons, ETOP reasons and due to worker’s decision.

Means of Labour Pressure for Resolution of Labour Disputes

• Strike: Work stoppage by workers demanding specific conditions.
• Lockout: Employer decision to close company as a response to a strike or other activity.

Workers' Representatives and Rights

• Workers representative rights in the company.
• Right of consultation and participation in the decision-making process,
• Representation in various forms (works councils, delegates).

Company Succession

• Transfer of business; continuity of labour relations; new employer's obligations.
• Subrogation: New employer assumes legal rights and responsibilities of the old employer, rights transfer.
• Changes of ownership: Inter vivos (during life) or mortis causa (after death).

Occupational Health Obligations

• Prevent/mitigate risk and hazards
• Employer duties: assessment of workplace, risk of accidents/prevention, monitoring compliance.

Substantial & Functional Mobility

• Significant changes to work assigned to an employee; including job changes, responsibilities
• Transfer & displacement within a company.

Leave of Absence

• Types and Conditions : Force majeure, public office appointment, childcare, care of ill family member.