LABOUR LAW & EMPLOYMENT GUIDANCE.
Definition of labour law.
First of all, what is "Labour law"?
To describe labour law, we have to define first the words "law" and "labour".
Law: mandatory principles and regulations that rule human behaviours and their relationships.
Labour: physical or mental work done to achieve a particular aim or task.
Labour law: regulations raised from the employment contract and dealing with the relationship between employers and employees.
It's a mixed lway as it's composed by public law and private law elements.
Origins.
Labour law started during the Industrial Revolution due to the working conditions that existed back then.
Due to this awful conditions, the workers claimed for better conditions and pushed the Estate to create regulations to protect the workers.
Requirements to regulate a work.
There are some items that must be followed to regulate a work by Labour Law, among them:
- Work is personal: the employee is the one who goes to the workplace.
- Work is voluntary: there's no pressure/ coercion.
- Work is payed: the worker gets a salary for his work.
- Work is dependent: the worker must follow the orders from the employee.
- Work for others; not being a self-employed worker.
Relations excluded.
There are some kind of jobs that don't follow the requirements. Among them:
- Civil servants.
- Compulsory personal duties, for example being part of a jury.
- Works based on friendship or good will.
- Family works, until 2nd grade.
- Advisers.
- Sales representatives with 100% commission.
- Self-employed workers.
Consanguinity and affinity grades.
Consanguinity (blood relation) is the quality of being descended from the same ascentor as other person.
Consanguinity is divided into grades.
Special labour relations.
There are works that have a special labour relation, among them:
- Executives.
- Employees of private households.
- Convicts.
- Professionals athletes.
- Artists in public shows.
- Disabled workers.
- Stevedores.
- Medical residents and lawyers in professional law firms.
Sources of law.
There are laws that regulate Labour Law. They establish the minimum requisites that must be followed.
It has a pyramidal structure, which means that the "upper step" can't worsen the conditions, just upgrade them.
Labour rights and duties.
There are some rights and duties that the workers must follow.
They are established by the Spanish Constitution and Worker's Statute.
*Rights:
Collective rights:
- To unionize.
- To strike.
- To bargain collectively.
- To take action in industrial disputes.
- To assemble.
- To participate in the company through the legal representatives of the workers.
Individual rights:
- To choose a profession or occupation freely.
- To get effective activity/work.
- To professional promotion and vocational training.
- To safety and health at work.
- To privacy and dignity.
- To rest and leisure.
- To get paid.
*Duties:
- To act in good faith.
- To act in diligence.
- To contribute to productivity improvement.
- Not to commit unfair competition.
- To adopt health and safety measures.
- To follow employer's orders and instructions.
Executive and disciplinary power.
*Executive and supervisor power:
Employers have the power to:
- Order instructions to their employees.
- Supervise if the employees are carrying out their duties.
- Search.
- Surveillance cameras.
- E-mail and computers surveillance.
- Health surveillance.
*Disciplinary power:
Employers can penalize employees when they fail to complete a duty.
