Essential Principles of Spanish and European Labor Law

The Lease of Services and the ILO

The lease of services under Article 1544 of the Civil Code: This defines the lease of work or services as a contract under which one party undertakes to perform work or provide a service to another for a settled price.

International Labour Organization (ILO): The ILO aims to improve the living and working conditions of workers internationally. Its most important function is to create rules called conventions. Once ratified and published in the BOE (Official State Gazette), these become part of domestic legislation and take precedence over national standards, except for the Constitution.

Business Outsourcing and Subcontracting

Outsourcing: This involves hiring a business or businesses, groups, or outsiders to take charge of specific activities or parts of a business. The activities most commonly outsourced include:

• Product distribution services
• Telemarketing
• Computer services
• Recruitment
• Payroll and Social Security management

Objectives of European Social Law

One of the key objectives of the Treaty of Maastricht is the free movement of persons. The different types of work activity are categorized as:

• Free movement of workers: Applicable if the activity is paid employment.
• Freedom of establishment: Includes permanent access to self-employed activities, their exercise, and the establishment and management of companies.
• Freedom to provide services: Applicable in the case of independent practice.

EU Directives and Legislative Procedures

Directives: These are a set of instructions from the EU indicating objectives to be achieved regarding working conditions, such as Directive 89/391/EEC.

Approval Differences: Organic vs. Ordinary Laws

Organic laws must be approved by an absolute majority, while ordinary laws require only a simple majority.

Difference between simple and absolute majority: An absolute majority is obtained by more than half plus one of the total seats. A simple majority is obtained by half plus one of those present in the room.

The Workers' Statute and Labor Regulations

Article 3.1 of the Workers' Statute: This provides that an employment contract cannot establish conditions that are less favorable or contrary to laws and collective agreements to the detriment of the worker.

Labor Law Regulation: Labor law regulates the activities of employees. Working conditions are laid down in collective agreements and employment contracts.

Case Law (Jurisprudence): This refers to the interpretation of laws by the Supreme Court to resolve appeals when it repeatedly rules in the same way on similar cases.

The Workers' Statute of 1995: The current text is a Royal Legislative Decree; therefore, it holds the rank of an ordinary law.

Labor Administration and Social Law: These are two different public bodies whose function is to monitor the implementation of labor laws.

Exclusions and Special Labor Relations

Activities Excluded from Labor Law

• The list of services of public officials.
• Mandatory personal benefits.
• Work based on friendship, kindness, or good neighborhood.

Special Labor Relations

The following activities are considered "relación laboral especial":

• Professional athletes.
• Artists.
• Senior management staff.