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Sources of Spanish Labor Law -- Legal Framework

 

Sources of Spanish Labor Law -- Legal Framework

The sources of Spanish Labor Law are:

  1. Laws and regulations.
  2. Bargaining collective agreements.
  3. Employment contracts. Under no circumstances may employment contracts establish less advantageous conditions than the ones stated in said sources, or opposite to them.
  4. 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 pro operario".

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.

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