Labor Law

The basic law in the field of labor law is the Workers’ Statute (LRD 1/1995), which defines the respective rights of employees and employers, general terms of labor employment contracts, procedures for dismissal and collective bargaining rules, among other aspects. In addition, there are specific regulations for different industries and certain groups of employees such as commercial representatives and senior management personnel.
Another important source of labor law is collective barganing, which may be negotiated at company level (or more reduced scope) or by industries at regional or national level.
Individual employment contracts also contain numerous mandatory provisions which govern labor relationships. There are also detailed regulations affecting working hours and occupational health and safety in specific industries.
The Spanish Workers’ Statute generally prohibits discrimination in hiring or in the workplace based on sex, marital status, age, race, social status, religion or political ideology, joining a labor union or otherwise or on the basis of the different official languages in Spain. This protection is also expressly extended to foreigners (i.e., those other than Spanish or EU nationals) under Organic Law 4/2000, amended by Organic Law 8/2000 and also by Organic Law 14/2003 on the Rights and Freedoms of Foreigners in Spain and their Social Integration. It also prohibits discrimination because of physical or mental handicap if the candidate is otherwise suitable for the job in question.