Understanding Labor Law in Spain

Evolution of Spanish Labor Law

The power of employers over workers and lack of unity among workers provoked many abuses.

In Spain, between 1919 and 1931, important labor law codes were first promulgated.

In 1980, the Workers' Statute law was enacted, and in 1995, the Revised Text of the Workers' Statute law was adopted.

Divisions of Law

Traditionally, law is divided into public and private, and these are subdivided in turn into different branches.

Public Law

When the state and public bodies act officially.

Private Law

Governs relations between individuals, or with the state and public agencies when acting privately.

Labor Law

Occupies an intermediate position between public and private law.

Characteristics of Labor Law

Voluntariness

The worker should be free during the employment relationship.

For an Employee

Working for someone else in return for a salary.

Subordination

The employer orders when, where, and how the job is done.

Compensation

The employee receives a salary and the employer gets the goods or services resulting from the work done by the worker.

Spanish Labor Legislation

The main Spanish laws that constitute the framework of labor law are listed below:

• Revised Text of the Workers' Statute Law
• Organic Law on Freedom of Association
• Law on Prevention of Occupational Hazards
• Law on Infractions and Sanctions in the Social Order
• Revised Text of the General Social Security Act
• Revised Text of the Labor Procedure

Labor Administration in Spain

The main functions of the labor administration are to develop labor policy.

The Spanish Constitution states that legislation on the criteria and principles of labor and social security is the responsibility of the state.

A. Ministry of Labor and Social Affairs

State intervention in labor relations is performed by the State Government through the Ministry of Labor and Social Affairs.

The Minister is the political and administrative head of the Ministry. They have the responsibility to carry out the labor policy marked by the government, and the management and administration of their department. Each province has a provincial Ministry of Labor and Social Affairs.

B. Autonomous Communities

The state has exclusive power over employment and social security, while Autonomous Communities have powers according to the powers assumed in their statutes.