Fundamentals of Spanish Labor Law: Rights and Obligations

Key Concepts in Spanish Labor Law

Defining Labor Law

Labor Law is a branch of law that regulates the individual and collective relationships arising in a professional context. These relationships are based on work that is performed personally, voluntarily, for pay, as an employee, and under the direction of an employer.

Sources of Labor Law

Internal Sources

These are labor regulations adopted within Spain. They include:

• Executive Standards: Rules with the force of law, such as the Royal Decree-Law and the Royal Legislative Decree.
• Administrative Rules: Regulations issued by lower-level administrative bodies like ministerial departments, municipalities, and county councils.

External Sources

These are labor standards adopted outside of Spain that are mandatory within the country. Key external sources include:

• European Union (EU) regulations and directives.
• International Labour Organization (ILO) conventions.
• Other treaties or agreements on labor matters signed by Spain.

Key Labor Institutions

• International Labour Organization (ILO): An international agency that sets global labor standards.
• Labor Administration: The body responsible for monitoring compliance with labor standards, a function carried out by the Labor Inspectorate.
• Labor Jurisdiction: Comprised of all judges, magistrates, and courts tasked with overseeing the proper enforcement of labor laws, resolving conflicts, and sanctioning illegal behavior.

Rights and Duties of Workers

Basic Rights

• The right to work and the free choice of a profession or trade.
• The right to freedom of association.
• The right to collective bargaining.
• The right to take collective action.
• The right of assembly.
• The right to participate in the company through representative bodies.
• The right to effective occupation.

Rights in the Employment Relationship

• The right to promotion and vocational training at work.
• The right to equal treatment and non-discrimination.
• The right to physical integrity and a proper health and safety policy.
• The right to respect for personal privacy.
• The right to rest and leisure.

Duties of Employees

• To comply with the specific obligations of their job.
• To respect and adhere to health and safety measures at work.
• To follow the orders and instructions of the employer.
• Not to engage in unfair competition with the employer.
• To fulfill other responsibilities derived from the employment contract.

Powers and Duties of Employers

Powers of the Employer

• Power of Direction: The authority to direct and organize work.
• Power of Management: The authority to manage business operations.
• Disciplinary Power: The authority to sanction employee misconduct.

Duties of the Employer

• To respect the rights of workers.
• To comply with all aspects of labor standards and regulations.