Lesson 2: Spanish Labour Law Sources

AutorPilar Núñez-Cortés Contreras
Cargo del AutorProfesora Titular de Área. Universidad Loyola Andalucía

Page 12

1. Introduction

The Spanish labour law shares the same types of laws with several other legislations (the Civil law, the Tax law, etc.) such as acts, regulations and customs. Furthermore, the Spanish labour law has a specific source called "collective bargaining". This lesson deals with the rules composing Labour law and their application.

2. The Constitution: Supreme Rule

The Spanish Constitution has a legal value. In fact, it has the highest hierarchical position within the Spanish legal system. The Spanish Constitution has also an important social content.

It establishes social rights such as:

· Trade union freedom (art. 28)

· The right of strike (art. 28)

· The right to employment (art. 35)

· Collective labour bargaining (art. 37) It also establishes social principles such as:

· The obligation of public authorities to accomplish a policy to ensure workplace safety and hygiene (art. 41)

· The maintenance of a public social security system (art. 40), etc.

Page 13

3. "The Act" as a central element of the system

The Act performs a central role of the Spanish industrial relations system. In particular, the act establishes the minimum in working conditions, which can be extended through a collective agreement (CA).


The ES sets the vacation duration in 30 days. A collective agreement can only establish the same duration or extend it. An optional agreement on less than thirty days is not allowed.

3.1. Ordinary and organic acts

Organic and ordinary laws are equal in hierarchy. Both laws have to be approved by "Las Cortes Generales". However, some subjects of particular importance as fundamental rights must be regulated by organic law. For this reason, organic laws need for their approval a higher majority of votes in "Las Cortes Generales".


· The original version of the ES 1980 was an ordinary act.

· The TECA 1994 was also an ordinary act.

· The Organic Law of trade Unions Freedom 1985. This is the only organic law in Spanish Labour law.

3.2. Legislative decree and decree-act

The legislative decree and the decree-act are passed by the government. The legislative decree demands an express delegation (authorisation) by "Las Cortes Generales" before it has been approved.


Para continuar leyendo

Solicita tu prueba

VLEX utiliza cookies de inicio de sesión para aportarte una mejor experiencia de navegación. Si haces click en 'Aceptar' o continúas navegando por esta web consideramos que aceptas nuestra política de cookies. ACEPTAR