El Estatuto de los Trabajadores

(The Statute of the Workers)

What is it?

• Part of the Spanish Constitution of 1978.

• Regulates duties and rights of workers.

• First text that gives workers rights by law.

History

• No real law that regulated work in Spain. (except for the incomplete “Fuero del Trabajo”

• 1978 was a period of change after the death of the dictator Francisco Franco.

• A new constitution is approved in 1978.

Sample Regulations• Minors under 16 not allowed to work.

• Under 18 can’t work nights.

• The right to go on strike.

• Must comply with safety regulations.

• Must perform duties in good faith.

• Contribute to improved productivity.

Reforms and Modifications

• 1975. Regulation to allow union freedom.

• 1984. Allowed temporary contracts.

• 1994. Objective lay-offs.

• 1995. Several social improvements (part time, retirement, gender equality, farm workers)

Reforms and

Modifications

• 1975. Regulation to allow union freedom.

• 1984. Allowed temporary contracts.

• 1994. Objective lay-offs.

• 1995. Several social improvements (part time, retirement, gender equality, farm workers)

Personal Amendments• Reduce some

hurdles to lay workers off.

• OSHA-style audit requirements.

• Ethical education and accountability.

• Most of the required changes are cultural.

References

• Updated “Real Decreto Legislativo 1/1995” https://www.boe.es/buscar/act.php?id=BOE-A-1995-7730

• Notes on “Real Decreto Legislativo 1/1195” http://noticias.juridicas.com/base_datos/Laboral/rdleg1-1995.html

• European Social Charter. http://www.coe.int/t/dghl/monitoring/socialcharter/presentation/escrbooklet/English.pdf

Thank You