Unidad 5. Vídeo 4. Flipped FOL. Fuentes del derecho del trabajo I
Introduction to Sources of Labor Law
In this section, we will learn about the sources of labor law and their origins. The sources can be national or international.
National Sources of Labor Law
- The national sources of labor law in Spain include:
- Constitution (Constitución Española de 1978)
- Laws and regulations
- Collective bargaining agreements (convenio colectivo)
- Employment contracts
- Local customs and practices
International Sources of Labor Law
- International sources of labor law include:
- European Union (EU) regulations: These are directly applicable in all EU member states.
- Example: Regulations on free movement of workers allow EU citizens to seek employment freely within the EU.
- EU directives: These require implementation into national laws but can have direct effect if their content is clear.
- Example: Spanish Law on Occupational Risk Prevention implements EU directives on occupational safety and health.
- International Labour Organization (ILO) conventions: These are binding for countries that ratify them.
- International treaties: Agreements between Spain and other countries on various labor matters.
Constitutional Rights and International Norms
In this section, we will explore the constitutional rights related to labor law in Spain and the impact of international norms.
Constitutional Rights
- The Spanish Constitution of 1978 is the highest-ranking national norm.
- It guarantees several labor rights, including:
- Right to strike and freedom of association
- Right to work, choose employment, and receive fair wages
- Right to negotiate collective agreements and take collective action
- Right to social security, employment policies, workplace safety, rest periods, and paid vacations
International Norms
- International norms in labor law result from agreements between countries.
- Key international norms include:
- ILO conventions: Binding for signatory states.
- International treaties: Addressing issues like cross-border social security contributions.
Conclusion