Understanding Labour Law: Principles and Legal Sources
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Understanding Labour Law
Labour law (also known as labor law or social law) is a branch of law comprising principles and legal norms aimed at protecting productive, free, and paid human employment. It governs the relationships between employers, employees, trade unions, and the state. Labour law regulates lawful human activity provided by a worker to an employer in exchange for remuneration.
Formal Sources of Labour Law
Labour law is governed by the following formal sources, listed from highest to lowest hierarchy:
- Laws and Regulations of the State: The core of labour legislation is the TRLET[1], supplemented by numerous regulations such as royal decrees and ministerial orders, as well as other employment-related laws like the Organic Law on Freedom of Association.
- Collective Agreements: These are rules establishing working conditions within a company or across a specific sector. They are negotiated by representatives of both workers and employers and function as contractual law.
- Legal Customs: These are repeated behaviors that serve as instruments for regulating conduct. They cannot contradict written standards and must be local, referring to a specific profession and location.
- General Principles: These are ethical standards used to interpret provisions or adjust individual cases when other sources are insufficient.
Principles of Labour Law
The TRLET establishes a hierarchy of norms, ensuring that implementing regulations do not establish working conditions inferior to those set by superior standards. Furthermore, it adheres to the following principles:
- Principle of Minimum Standard: Ensures respect for the minimum rights necessary when conflicts arise between provisions. For example, if the TRLET mandates 30 calendar days of leave and a collective agreement mandates 40, the worker is entitled to the 40 days.
- Principle of More Favorable Standard: If multiple rules govern the same situation, the conflict is resolved by applying the rule most favorable to the worker.