Key Aspects of Labor Law: Contracts, Agreements & Regulations

Key Aspects of Labor Law

ETT 1: Temporary employment agencies hire unemployed farm workers, establish contracts, and collect the SMI (Minimum Interprofessional Wage).

2nd Labor Relations:

• Staff: Must be managed by the hired individual. Delegation of this relationship is permitted.
• Voluntary: The relationship is not compulsory or forced.
• Employed: The product of labor belongs to the employer, not the worker.
• Dependent: The employee is subject to the employer's discipline and direction.
• Compensation: The worker receives a salary in exchange for their work.

3rd The Trial Period: The employer assesses the worker's professional attitude, and the worker evaluates working conditions. It must be in writing. Duration: 6 months for qualified workers, 2 months for others, and 3 months (non-renewable) for firms with fewer than 25 workers.

4th Employment Contract: An agreement between the employer and the worker.

5th Requirements:

• Age: 18 years old; 16-17 year olds need parental permission.
• Disability: A person may be declared unfit for work due to physical or mental reasons.
• Qualifications: Certain activities require specific academic or professional qualifications.
• Nationality: Foreign nationals need a residence permit.

6th Contents of an Employment Contract:

• Type of contract
• Identity of the parties
• Employer's address
• Working hours
• Start date of employment
• Annual salary
• Vacation period
• Applicable collective agreement
• Signatures and dates of the contracting parties

7th The Law: The set of legal rules governing the coexistence of a community's members.

8th Government: The creation, implementation, and monitoring of legal norms.

9th Legislature: The Congress and Deputies are responsible for drafting and approving laws at the state level. At the economic level, this can be represented by legislatures.

Executive Branch: The application of laws enacted by the legislature is the responsibility of the government, ministries, and government agencies of the autonomous communities.

Judiciary: The courts resolve problems and complaints arising from breaches or interpretations of legal norms.

10th Organic Laws: These relate to the development of fundamental rights and public freedoms, including those approving the Statutes of Autonomy.

Ordinary Laws: Regulate other matters not addressed by organic laws.

11th Royal Legislative Decrees: Rules with the force of law issued by the government when authorized by the courts.

Royal Decree Laws: Rules with the force of law issued by the executive in cases of extraordinary and urgent need, requiring a vote in the Congress of Deputies within 30 days.

12th Collective Agreement: Agreements negotiated between employers and employees to establish working conditions within a specific scope of work and planning.

13th Legal Hierarchy:

1. EU Law
2. Spanish Constitution
3. Laws
4. Regulations with force of law
5. Collective agreements
6. Employment contracts