The Evolution of Work and Modern Labor Law Principles

The Evolution of Work

• Ancient Era: Slaves (until the 5th Century AD)
• Medieval Age: Servants
• Late Middle Ages: Guilds
  • Master
  • Journeyman (unofficial)
  • Apprentice (learner)

The Industrial Revolution: From Exploitation to Rights

The Industrial Revolution brought significant changes, eventually leading to modern labor protections:

• Child Labor

  Early Era: Children as young as 5 years old, often beaten to stay awake.
  Modern Standard: Prohibited under 18 (or 16); under 16 requires labor inspector permission.

• Working Hours

  Early Era: 12 to 19 hours per day.
  Modern Standard: Typically 8 hours per day.

• Compensation

  Early Era: Poor salary, barely enough for subsistence.
  Modern Standard: Minimum wage established (e.g., 700 €).

• Time Off

  Holidays: None vs. 30 days a year.

  Weekly Breaks: None vs. One and a half days off per week.

• Safety and Protection

  Risk Prevention: Non-existent, leading to high mortality vs. Mandatory security measures.

  Unions and Strike: Prohibited vs. Right to strike and unionize recognized.

• Social Protection

  Early Era: None vs. Mandatory social protection.

Fundamentals of Labor Law

1. Standard Employment Relationship

A standard labor relationship typically requires the following characteristics:

1. Personal performance
2. Voluntary agreement
3. Employment status (working for another)
4. Paid compensation
5. Dependency (subordination to the employer)

2. Relationships Excluded from Labor Law

These relationships are excluded either because they lack a requirement of the standard labor relationship or due to the special features of the position:

1. Public Officials
2. Work performed out of friendship, kindness, or good neighborliness
3. Work performed by family members
4. Commercial agents (who assume business risks)
5. Freelancers (self-employed)
6. Company Directors (high management roles)

3. Special Labor Relationships

These relationships meet the general requirements but have unique characteristics, necessitating their own specific regulations:

1. Domestic staff (at the service of a household)
2. Convicts in penitentiaries
3. Professional Athletes
4. Artists in public performances
5. Disabled persons in special employment centers
6. Port Stevedores (dockworkers)

Sources of Labor Standards

Internal Standards (National)

• The Spanish Constitution (1978)

  The foundational legal text.

  • Laws and Regulations: Issued by general courts and the government.

• Collective Agreements

  Agreements between employee representatives and employer representatives establishing working conditions for a specific sector.

• Individual Employment Contract

  An agreement between the individual worker and the individual entrepreneur.

• Workplace Custom

  Practices habitually used within the premises.

External Standards (International)

• EU Community Regulations

  Laws that are directly binding on all EU member countries.

• EC Directives

  Orders requiring certain countries to achieve specific results, allowing flexibility in implementation.

• ILO Conventions

  Rules that only apply in a country that formally signs and ratifies them.

• Bilateral/Multilateral Agreements

  International agreements signed primarily to protect migrant workers.

Fundamental Principles of Labor Law Application

Principle of Minimum Standards

It is legally prohibited to agree to any condition that falls below the minimum standards established by law.

Principle of the Most Favorable Standard

When multiple standards can be applied to an employment relationship, the standard that is most favorable to the worker must be chosen.

Principle of More Advantageous Conditions

If a new labor standard is introduced that is worse for workers than the conditions they already had, the new rule will generally apply only to future conditions, preserving the existing, more advantageous conditions (condición más beneficiosa).

Principle of Inalienability of Rights

Workers cannot waive the rights recognized by labor laws and collective conventions.

Essential Duties of the Worker

1. Fulfill their job duties diligently.
2. Comply with established safety and health standards.
3. Obey the lawful orders and instructions of the employer.
4. Refrain from engaging in unfair competition against the employer.
5. Contribute to increasing productivity within the enterprise.