Labour and Employment Compliance in Spain, Eleventh Edition

In Spain, the laws and regulations that govern employer/employee relationships and working conditions are set forth in the EU Regulations and EU Directives of direct application, the Spanish Constitution, international treaties and International Labour Organization (ILO) Standards, the Workers' Statute, all national employment and social security laws and regulations, and the collective bargaining agreements. 

It is relevant to explain briefly the territorial composition of Spain. The State is organized into towns, provinces and Autonomous Communities. There is a central government made up of the ministries, among which is the Ministry of labour and Social Economy and the Ministry of Inclusion, Social Security and Migrations (Ministerio de Trabajo y Economía Social, y el Ministerio de Inclusión, Seguridad Social y migraciones).

The State is divided territorially and politically into seventeen Autonomous Communities, which are geographical regions with political autonomy in many aspects. In relation to employment, the Stat has exclusive competence over the labour and employment legislation. However, the Constitution expressly allows for the transfer to the Autonomous Communities of the implementation and execution of labour legislation. Most Autonomous Communities have assumed these competences, and in consequences, the labour authorities that monitor compliance with the law are organims of the Autonomous Communities. 

Labour and Employment Compliance in Spain, Eleventh Edition. International Labour and Employment Compliance Handbook. Wolters Kluwer, 2023.