Spanish Labor Law: Sources and Courts

Sources of Spanish Labor Law

The Spanish legal system is structured in order of importance regarding labor law:

1. European Union Law

   The Community Charter of Fundamental Social Rights of Workers states the rights to be enjoyed by workers, including: free movement, fair wage, improvement of working conditions, social protection, collective bargaining, and vocational training.

2. The Spanish Constitution

   Establishes the fundamental rights applicable to workers in the workplace.

3. International Labour Organization Conventions and International Treaties

   Harmonize working conditions.

4. Laws and Rules with the Force of Law

   These include organic laws, ordinary laws, and decree-laws.

   The Workers' Statute is the basic rule in labor law, regulating labor rights and duties, as well as the fundamentals of the employment relationship.

5. Regulations

   Deal with the development of laws or minor issues.

6. Collective Agreements

   Each profession and territory has its agreement regulating the conditions of the professions.

7. Employment Contract

   It is a source of law.

8. Labor Custom

   An unwritten rule applicable in a specific location and profession.

Administration and Social Jurisdiction

Inspection of Labour and Social Security (ITSS)

This body controls labor regulations. Its task is to inspect companies.

The Labor Courts

These courts resolve labor conflicts and interpret the law.

Structure of Labor Courts

• Social Courts

  First instance courts for labor processes. Their scope is provincial.

• Social Rooms of the Superior Courts of the Autonomous Communities

  With jurisdiction beyond the provincial level.

• Social Room of the National High Court (Audiencia Nacional)

  National jurisdiction based in Madrid, higher than the Social Rooms of the Superior Courts of the Autonomous Communities.

• Social Room of the Supreme Court

  Based in Madrid with national jurisdiction, ruling on interpretations from lower courts to correct judgments or unify approaches to interpretation.

Constitutional Court

Rules on appeals against violations of fundamental rights of workers as established in the Constitution, as well as the constitutionality of laws.

Court of Justice of the European Union (CJEU)

This body controls European Union law.