LABOR RIGHTS ACCORDING TO THE LAW IN SPAIN
It would then be in the first decades of the nineteenth century when the fading of the guilds as a legal institution brought with it the freedom of factories and workshops, to hire mutual agreement. However, the economic difference in the industrializing process created circumstances that allowed the first to unilaterally set the working conditions, under the appearance, rather fiction, of joint determination with the other part of the service contract ’ . Thus causing the action of the State to adjust the situation.
It was Antonio Chozas who would make a brief reference to this manifesting that:
‘The response of the public authorities to these undesirable social consequences of the laissez-faire in the labor relations had to be, once their gravity was verified and other procedures of dealing with them, to resort to the active presence of the State, through which whichHis supporters called scientific interventionism, germ, in turn, of working, first and transcendental historical manifestation of the intervention of public authorities in relations between private ‘ .
In our law, it was the Benot Law of 1873 that introduced the first strictly labor law and as in other European countries previously, being to protect the groups of more vulnerable workers the priority issue . It was a complicated year for Spain, as the coup attempt also took place. Well, it would be a success that Pi and Margall was at the head of the Ministry of the Interior to avoid the beam coup.
This conflict was subsequently accompanied. In the midst of this brawl, it was when Eduardo Benot Rodríguez, in charge of the Ministry of Development, appointed by Pi and Margall in his new government, tried to promulgate what would later be the first Spanish labor law, better known as the Benot law, byThe tremendous function that the Cadiz fulfilled in terms of limitations to the working day to improve working conditions, reducing the hours, so that children could school and adults formally form.
Benot in his work "Errors in Education and Public Instruction", published in Cádiz in 1862, stressed his position on teaching and education. In it, it limited the workday with the objective not only to improve the conditions of workers but also that the schooling of minors and the learning of adults be possible.
Analysis of the regulation of the day in our legal system
Now addressing the working day from the point of view of our legal system, we will point out that both day and the typology of conferences and work schedules are mostly collected in Title I, Chapter II, Section 5 of the ET/1995, which isresponsible for regulating working time. However, leaving aside the work schedules of the working day, subject which will be studied later, it should be affirmed that the working day is protected by article 34 in said statute of workers and defined as a work activitythat develops over time and, specifically, in daily time. Therefore, workday is defined as the total number of work hours carried out by the worker in his job.
On the other hand, the typology of the working days is based on article 34.7 of the ET/1995, which shows that “extensions or limitations in the ordination and duration of the workday and the breaks, for those sectors and works that due to their peculiarities so require” may be established ”. Under the tenor of this appointment, the characteristics of special days are detached, referring to “labor relations regulated by the Law of the Statute of Workers, excluding those of a special nature contemplated in its article 2 in which it will beThe provisions of its specific regulations " . That is why we can talk about ordinary days (by virtue of art. 34 of the ET), extraordinary days (referring to the overtime regulated in the art. 35 of ET) and excluded days (according to art. 2 of ET).
No less important is the Spanish Constitution, which has some articles referring to labor rights, including those that are considered fundamental rights (Art. 28 CE: Freedom of Association and Right to strike). As for the working day we will start from the base that it is the norm itself that dictates the law that will develop and regulate this matter, and what is the minimum content to be complied with. The Spanish Constitution in its article 35.1 shows that “all Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to the promotion through work and sufficient remuneration to meet their needs and those of their family,without any discrimination due to sex can be done by reason ».
From this precept, some issues such as which schedules must be stipulated, the limit of maximum days and its typology, the duration of the breaks, and being more concrete, to how much the hour is paid, is stipulated. For this, the Constitution continues in its second section where it affirms that: "The Law will regulate a statute of workers". This is where the Law of the Statute of Workers, first drafted in 1980, was born, remodeling later in order to become the current 1995 law. As we already know the Statute of 1995 workers determines minimum principles that could be modified in favor of the worker but that in no case could be modified in the opposite direction.
Analyzing you can see article 40.2 CE It is established that: «Likewise, public authorities will promote a policy that guarantees professional training and rehabilitation;They will ensure the safety and hygiene at work and guarantee the necessary rest, by limiting the working day. The paid periodic vacations and the promotion of adequate centers ».
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