Sources of Spanish Labor Law -- Legal Framework
The sources of Spanish Labor Law are:
- Laws and regulations.
- Bargaining collective agreements.
- Employment contracts. Under no circumstances may employment contracts establish
less advantageous conditions than the ones stated in said sources, or opposite to
- Local and professional custom and usage.
The basic labor principles have constitutional rank since they have been specifically
recognized in the Spanish Constitution of 1978.
Individual and collective claims arising from labor relations are referred to conciliation
and judicial instances. Doubts are decided pursuant to the principle "in dubio
The tendency is to enhance the scope of the labor law excluding just a handful of
cases, e.g., company directors and self-employed commercial agents.