Labor Law Principles and Human Resources Management Essentials

Local Customs and Professional Practices

From a legal perspective, local customs are defined as standard social behaviors and consistent practices considered binding within a community. Local characteristics are specific to each location rather than district or provincial levels. Professional customs refer to practices utilized by workers and employers within a specific industry, trade, or profession.

External Sources of Employment Law

• International Treaties: These are only valid when subject to the provisions of the Constitution.
• International Labour Organization (ILO): A specialized agency of the United Nations that establishes Conventions, Recommendations, and Resolutions.
• European Union (EU): An organization formed by a group of European countries.

Legal Hierarchy Pyramid

1. Regulations of the European Union
2. Constitution and international treaties
3. ILO Standards
4. Laws issued by courts, rules with the force of law, and collective conventions
5. Employment contracts, local uses, and professional customs

Principles for Applying Labor Standards

The principle of hierarchy dictates that lower-level rules cannot contradict superior ones. This is further defined by the following principles:

• Minimum Standard: Lower-range standards may improve working conditions but can never make them worse.
• Most Favorable Rule: When two or more rules conflict, the one most favorable to the worker always applies.
• Non-Waiver of Rights: Workers cannot waive their most beneficial rights.
• In Dubio Pro Operario: In cases of doubt, courts must interpret laws in the manner most beneficial to the worker.

Functions of the Human Resources Department

• Job Function: Workforce planning, recruitment, and staff training.
• Personnel Management: Contract finalization, payroll, social security, and absenteeism control.
• Compensation Function: Designing remuneration systems and evaluating results.
• Human Resource Development: Creating and managing training programs.
• Industrial Relations: Resolving labor disputes and preventing occupational risks.
• Social Services: Managing employee benefits such as stores, nurseries, and holiday homes.

Security Measures for Personal Data Processing

• High Level: Files containing data on ideology, union affiliation, religion, health, or beliefs.
• Middle Level: Files containing information regarding administrative or criminal violations.
• Baseline Level: General personal data.