Legal Sources, Norm Hierarchy, and Labor Principles

Sources of Law and Legal Precedent

The legal system relies on various sources to establish rules and interpretations:

• Law: Any written rule of law prevails over other written or unwritten sources.
• Custom: A practice repeated due to certain conduct, carried out with the intention of creating a legal obligation.
• General Principles of Law (PG Law): These are the foundations and pillars upon which legal rules are constructed. They are inspired by Morality, Justice, and Equity. These principles are of direct application, often complementing or interpreting the law.
• Jurisprudence (Decisions): Joint statements issued by the Supreme Court on similar facts, which set precedent and provide a consistent response.
• Legal Doctrine (Scientific Doctrine): Joint opinions of legal professionals (law experts) who, through their interpretations of legislation, help implement or clarify the law based on specific cases.

Hierarchy of Legal Norms

Constitutional and Primary Legislation

The Constitution

The fundamental rule of our state. It contains the basic rights and duties of citizens, describes the functioning of the state, and addresses civil liberties and the electoral system.

Organic Laws

A standard adopted by the Cortes (Parliament) requiring an absolute majority. Their content involves the development of fundamental rights and duties.

Ordinary Laws

A standard developed by Parliament, approved by a simple majority. They cover matters not reserved for Organic Law. These laws cannot affect fundamental rights, the electoral system of autonomous regions, or core constitutional matters.

Executive and Delegated Norms

Royal Decree-Law

An executive standard adopted urgently. It is valid for 30 days, after which Congress must rule on it to be ratified, repealed, or amended. Example: Minimum Interprofessional Salary.

Statutory Authority (Regulations)

A standard developed by the government, often regulating a pre-existing law (e.g., regulations implementing a Value Added Tax law).

Labor Specific Norms

Collective Bargaining Agreements (C. Collective)

Regulate working conditions. These are specific agreements for a particular sector or activity, signed between workers' representatives and employers' representatives.

Customs and Habits (Labor Context)

Legal, repeated behaviors occurring in a specific locality or profession related to working conditions, which become mandatory when the law does not explicitly cover the matter.

Fundamental Principles of Labor Law

These principles ensure protection for the employee:

• Principle of the Most Favorable Rule: When multiple existing rules address the same legal matter, the rule most favorable to the worker must be applied.
• Principle In Dubio Pro Operario: In case of doubt regarding the interpretation of a labor standard, the interpretation most favorable to the employee must always be applied.