Employment Law: Local Customs and EU Regulations

G. Local Customs and Professional Practices

From a legal perspective, local customs are defined as standard social behaviors and constant practices considered binding within a community. Local characteristics relate to specific locations rather than entire districts or provinces. Professional customs are practices utilized by workers and employers within a specific industry, trade, or profession.

5. External Sources of Employment Law

A. International Treaties

Treaties are only valid if they adhere to the provisions of the Constitution.

B. International Labour Organization (ILO)

The International Labour Organization is a specialized agency of the United Nations. Its legal framework consists of:

• Conventions
• Recommendations
• Resolutions

C. The European Union

The European Union is an organization formed by a group of European countries. The hierarchy of legal sources is as follows:

1. Regulations of the European Union
2. Constitution and international treaties
3. ILO Standards
4. Laws issued by courts, rules with the force of law, and collective conventions
5. Employment contracts, local uses, and professional customs

6. Non-Discrimination Principle in the European Union

The principle of non-discrimination within the EU leads to several key rights:

• Free Movement: Non-discrimination between citizens of member states based on nationality. This ensures any citizen of the Union is entitled to reside and move freely throughout member states.
• Service Delivery: Self-employed workers and artisans can establish themselves in any European Union country.
• Freedom of Establishment: Any citizen of the Union has the opportunity to develop their own activities and manage companies.

Harmonized Working Conditions

The EU has harmonized several areas, including:

• Written work contracts
• Health protection for workers
• Prohibition of child labor (under fifteen)
• Protection for pregnant women

Professional Recognition and Access

• Recognition of Professional Qualifications: Qualified workers and employees can work in other member states.
• Access to Public Employment: Public sector competitions must be open to all citizens of member states.
• Training of Workers: The European Social Fund promotes the ongoing training of workers.