Spanish Labor Law: Principles, Legislation, and Administration

Understanding Labor Law: Core Principles

Labor Law is the set of rules governing relations between employers and workers.

Key Characteristics of Labor Law

• Voluntariness: The employee must freely decide to enter, continue, or terminate the employment relationship.
• Dependency (Working for Another's Account): Work is performed for someone else, who receives the fruits of labor in exchange for remuneration. This excludes self-employment.
• Subordination: The employer directs when, where, and how the work is performed.
• Personal Performance: The work must be performed personally by the employee, who cannot be substituted.
• Compensation: All work activity must be compensated, excluding unpaid labor. The employee receives a salary, and the employer benefits from the work performed.

Spanish Labor Legislation Framework

The Spanish legal system establishes a comprehensive framework for labor relations.

Foundational Laws and Regulations

• The 1978 Spanish Constitution: Establishes fundamental labor rights and duties, serving as the foundational reference for all other labor standards.
• Revised Text of the Workers' Statute Law: The fundamental legislation for Spanish employment law, developing key rights and obligations enshrined in the Constitution. It has undergone several amendments.
• Organic Law on Freedom of Association: Regulates the constitutional right to union membership, the legal regime of associations, their representativeness, union action, and the protection of freedom of association.
• Occupational Safety and Health Act: Regulates measures and activities necessary for the prevention of risks arising from work.
• Revised Text of the General Social Security Law: Regulates the structure, operation, and management of social security, including contributions, affiliation, protective action, collection, and benefit management.
• Revised Text of the Labor Procedure Law: Establishes procedural rules applicable in labor disputes.

Administration and Competencies in Labor Matters

The administration's main functions include developing labor policy and ensuring compliance with regulations. The Spanish Constitution establishes the criteria and principles for labor and social security competencies.

Role of the Ministry of Labor and Social Economy

The state's role in labor relations is carried out by the government through the Ministry of Labor and Social Economy. The political and administrative head of the ministry is the Minister.

Key Functions of Labor Inspection

• Investigate Violations: Investigates violations in labor safety and hygiene, proposing appropriate sanctions to the labor authority. This includes issuing infraction reports for non-compliance with labor regulations and settlement reports for undeclared workers or lack of social security affiliation.
• Advising: Advises workers and employers on their rights and obligations.

Competencies of the Autonomous Communities

Autonomous Communities can enact laws and regulations for development within their territory, always respecting national regulations. The State holds exclusive power over labor and social security legislation. Autonomous Communities, based on their statutes or transferred powers, may enact and execute rules developing state regulations on labor and social security.