Everything written up to this point is of great importance to each and every one of the workers that exist.
So, now in this section I am going to explain / talk about the right to work.
An aspect also of relevance.
I will start by defining the concept of labour law.
- Law: mandatory principles and regulations that rule human behaviors and their relationships.
- Labour: phisical or mental work done to achieve a particular aim or task.
- Labour Law: those regulations raising from the employment contract and dealing with the relationship between employers and employees.
As it is evident, the right to work does not always exist. The employment contract is a recent contract of the twentieth century.
It was not until the Industrial Revolution of the eighteenth-nineteenth century when it appeared in the factories in a contract for the lease of services.
People have suffered awful working conditions through history.
You need certain requirements to regulate a work by Labour Law and these are the following:
- Personal.
- Voluntary.
- Payed.
- Dependent.
- Working for other.
Now, you will ask "what relationships are excluded or ruled out labour relations?"
Those that don't follow the previous requeriments ot hose established by law:
- civil servants
- Compulsory personal duties
- works based on friendship or good will
- family works (2n grade living with the employer)
- advisers
- sales representatives with 100% commission.
- self-employed workers.
- self-employed certified transporters.
On the other hand, there are special labour relations:
- Executives
- Employees of private households
- Convicts
- professional athletes
- Artists in public shows
- Disabed workers
- Stevedore
- Medical residents and lawyers in professional law firms.
Also, now it's time to talk about the sources of law:
- European Union Legislation: European Directives and Regulations
- Spanish Constitution: Spanish people
- International Treaties (ILO) (OIT)
- Spanish law: Spanish Congress makes laws.
- Regulations: Royal Decree
- Collective Bargaining Agreement
- Labour Contract
- Uses and customs
The Constitution and the Workers' Statute indicate the rights and obligations that workers have in labor material.
I will classify it into collective rights and individual rights. I will cite some of them, and these are the following:
- Rights
- Collective rights
- to unionize.
- to strike.
- to take action in industrial disputes.
- Individual rights
- to professional promotion and vocational training.
- to privacy and dignity.
- to get paid.
- Duties
- to act in good faith.
- to contribute to productivity improvement.
- to adopt health and safety measures.
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