Foundations of Labor Law: Principles and Sources

Item 4: Labor Law Fundamentals

The labor law originated during the Industrial Revolution (XVIII-XIX century) with the intention of balancing employer-employee inequality. It is the set of rules governing labor relations. Work must be: free, voluntary, paid employment, dependent, and remunerated.

Sources of Labor Legislation

There is a wide range of standards originating from different bodies and powers (executive, legislative, judicial, and social):

• EU Directives: Rules aimed at harmonizing the legislation of all member states.
• Spanish Constitution of 1978: Reflects fundamental rights of workers, alongside other rights and principles of social policies directed at public authorities.
• ILO Conventions: Aimed at improving working conditions worldwide.
• Organic and Ordinary Laws: These develop constitutional rights.
• Decree Laws and Legislative Rules: Issued by the executive branch with the force of law.
• Collective Agreements: Agreements between representatives of employers and employees.
• Contracts: Agreements between an individual employer and an employee.
• Customs (Costumbres): Socially repeated practices resulting in standards.
• Case Law (Jurisprudence): Interpretation of rules by the Supreme Court.

Applicable Legal Principles

These rules must apply based on several key principles:

• Hierarchy of Rules: Some rules hold greater value than others.
• Minimum Standards: A lower standard can be improved upon, but it can never worsen what is regulated in a former standard.
• Most Favorable Rule: When two or more rules apply, always select the most favorable one.
• Dubio Pro Operario: In case of doubt, opt for the worker.
• More Advantageous Conditions: A contract may contain terms more beneficial than those established by previous standards.
• Indispensability of Law: The worker cannot waive their rights to their own detriment.

Enforcement and Jurisdiction

Finally, the administration has several bodies to enforce compliance with these rules. The most important is the Inspection of Labor and Social Security. For its part, the courts of the social order are responsible for defending labor interests. Their organization is as follows:

Judicial Structure

• Labor Courts
• Superior Courts
• National Audience
• Supreme Court