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Understanding Labour Law: Social Dialogue and Employee Representation Study Guide

This guide explores the fundamental principles of labour law concerning freedom of association, the crucial concept of union representativity, and the roles of both unions and employers' associations. It details the criteria for achieving representative status at various levels (national, regional, functional/territorial), the institutional powers and functions of most representative unions, and the rights afforded to individual union members and representative bodies. The guide also outlines th

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Foundations of Labour Law and Representation

Labour Law Collective Bargaining Agreements

Collective bargaining agreements result from negotiation between workers’ and employers’ representatives to regulate working and productivity conditions.

  • Collective bargaining agreements
  • Negotiation units
  • Concurrence of agreements
  • Scope of application
  • Minimum content of CBA
  • Validity and renewal of CBA
  • Legitimacy for negotiating
  • Negotiating committee
  • Equality plans
  • Informal bargaining

Individual and Collective Labour Law Disputes

This topic covers individual and collective disputes, rights versus economic interests, collective bargaining, the right to strike, and alternative resolution methods.

  • Individual vs Collective disputes
  • Rights vs Economic interests
  • Collective bargaining
  • Right to strike
  • Strike committee
  • Illegal strikes
  • Employer lockout
  • Negotiation
  • Arbitration
  • Mediation

Labour Law and Social Dialogue

Social dialogue involves tripartite and bipartite structures including government, employers representatives, and unions or workers’ representatives.

  • Social dialogue
  • Tripartite social dialogue
  • Bipartite social dialogue
  • Economic and Social Council (CES)
  • Joint Consultation
  • Collective Bargaining
  • Workers' representatives
  • Employers representatives

Labour Law Employee Representation

Labour law regarding employee representation at national, industry, and company levels involving elected and union representatives.

  • National or industry level representation
  • Company level representation
  • Elected unitary representatives
  • Union representatives
  • Election requirements for small companies
  • Number of delegates based on company size
  • Social dialogue at company level

Labour Law and Freedom of Association

This document outlines the fundamental right to freedom of association, including the right to form and join trade unions to protect social and economic interests.

  • Freedom of association
  • Right to form and join trade unions
  • Union association act
  • Collective bargaining
  • Right to strike
  • Trade union rights
  • Exclusions from union rights
  • Worker definitions

Labour Law and Representative Unions

This document outlines the functions, requisites, and activities of most representative unions and employers associations within labour law.

  • Institutional representation
  • Collective bargaining
  • Conflict resolution
  • Union representativity
  • Regional level representative unions
  • Functional or territorial level unions
  • Employers associations representativeness
  • Union activity rights
  • Works committees

Introduction to Labour Law Key Concepts

An introduction to labour law covering key concepts, sources of law, and court rulings.

  • Employee
  • Employer
  • Employment contract
  • Labour relation
  • Unions
  • Employers Organisations
  • Collective Bargaining
  • Work Councils
  • Labour Jurisdiction
  • Employees representatives
  • Labour Inspectorate
  • Social Security
  • EU Legislation
  • International Treaties
  • Constitution
  • Trade Union Freedom
  • Right to Strike
  • Right to work
  • Workers Statute
  • Social Jurisdiction Act

Fundamentals of Labour Law and Employment Relations

Basic Parameters of the Employment Relation

The structure of the employment relationship involves salary, working time, occupational health and safety, and the duty to work, obey and cooperate in good faith.

  • Employment relationship
  • Salary
  • Remuneration in cash or in kind
  • Individual labour agreement
  • Collective bargaining agreement
  • Minimum wage
  • Company rules

Labour Law Salary and Pay Structure

Labour law covers pay structure, base salary, and minimum wage components.

  • Pay Structure
  • Base Salary
  • Minimum Wage
  • Collective Agreements
  • EU Social Charter

Labour Law Salary Protection and Non-payment

Labour law regulations regarding salary protection, employer insolvency, and legal consequences of unpaid salaries.

  • Protection of salary
  • Salary document (nómina)
  • Late payment interests
  • Employer insolvency
  • Salary Guarantee Fund (FOGASA)
  • Social Security Contributions
  • Breach of contract
  • Unjustified dismissal
  • Severance payment

Labour Law and Employment Contracts

An overview of employment contracts, the definition of an employer, and the legal requirements for the employment process.

  • Definition of employer
  • Formal vs real employer
  • Temporary employment agencies
  • Outsourcing arrangements
  • Liability in subcontracting
  • Occupational safety
  • Transfer of workers
  • Recruitment and selection
  • Employment contract formal requirements
  • Capacity and form of contracts
  • Registration with Social Security

Types of Employment Contracts

This document outlines different types of employment contracts based on duration and time worked.

  • Open ended contracts
  • Fixed Term contracts
  • Full-time employment
  • Part-time employment
  • Seasonal employment
  • Duration of employment contracts
  • Time worked

Labour Law Working Time Parameters

Labour law parameters regarding working time include maximum working time, daily hours distribution, overtime, working shifts, weekly rest, public holidays, and leaves.

  • Maximum working time
  • Daily hours distribution
  • Overtime
  • Working shifts
  • Weekly rest
  • Public holidays
  • Leaves
  • Yearly Holidays
  • Collective agreements
  • Daily Work
  • Labour calendar

Labour Law Working Time Regulations

Regulations regarding overtime, night work, and shift work including maximum hours, compensation, and health controls.

  • Overtime
  • Maximum length of working time
  • Night work
  • Shift work
  • Salary compensation
  • Health control
  • Daily record of working hours

Labour Law and Constitutional Rights

This document outlines fundamental rights and duties related to employment, including trade union freedom, the right to strike, and non-discrimination.

  • Fundamental Rights and Duties
  • Trade Union Freedom
  • Right to Strike
  • No Discrimination
  • Freedom of Ideology, Religion and Worship
  • Honour, Privacy and Own Image
  • Freedom of expression
  • Effective Judicial Protection
  • Legality Principle
  • Duty to work
  • Right to employment
  • Worker´s Statute
  • Legal status of Professional Associations
  • Collective bargaining
  • Right to free enterprise

Labour Law Employment Contracts and Status

Definition of employment contracts and key factors indicating employee status within labour law.

  • Employment contract definition
  • Remuneration
  • Employee status
  • Legal liabilities
  • Court criteria for employee status
  • Factors indicating employee status
  • Work excluded from labour relations

Occupational Health and Safety Labour Law

The employer must guarantee the health and safety of employees through preventive activity, risk assessment, and compliance systems to manage liability and criminal law risks.

  • Occupational health and safety
  • Preventive activity
  • Risk assessment
  • Employer’s liability
  • Criminal law liability
  • Compliance system
  • Health monitoring
  • Emergency action

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