Understanding Labor Law: Sources and Principles

Internal and External Sources of Labor Law

Internal sources are developed by the legislature (Congress of Deputies), the executive (government), and representatives of employers and employees (unions). These sources are:

• The Spanish Constitution of December 6, 1978 (the supreme law of Spain)
• Organic laws, ordinary decree laws, legislative decrees, and autonomic regulations

External sources (international) come from international organizations or agreements with Spain and apply after being approved by Congress and the Senate (they become Spanish rules with domestic preference).

Principles of Labor Standards

• More favorable standard: When two or more rules are in force (regarding holidays, work, pay, etc.), the most favorable to the worker is applied.
• More beneficial standard: Maintains the benefits achieved through the employment contract for one or more workers.
• Pro operario principle: When there is more than one standard applicable to a question, the one most favorable to the worker should be applied.
• Inalienability of rights: Workers cannot waive rights established by law (vacations, salary, rest, etc.).

Division of Powers

The division of powers guarantees democracy:

• Executive: Dictates and enforces laws.
• Judicial: Administers justice in society with legal rules and case law governing administrations.
• Legislative: Develops and amends laws according to the will of the people.

Sources of Law

Sources of law are fundamental principles used when establishing a law. In legal science, they are:

• Law
• Custom
• General principles of law

Law

A law is a mandatory legal rule imposed by the government.

Custom

Custom is a smooth and continuous action to accommodate people's behavior (repetition, continuity, frequency). It is no longer considered custom when it is written into a collective agreement (it becomes law).

Jurisprudence

Jurisprudence refers to statements emanating from the Supreme Court. It does not create standards but applies and interprets them.

Sources of Labor Law

• Internal: Laws, collective agreements, employment contracts, local and professional customs.
• External: EU regulations, conventions and recommendations of the ILO, treaties, and conventions.