What public bodies protect the worker?

The Labor Inspection and Labor Courts They are the main bodies that intervene to apply labor regulations or the resolution of derived conflicts in Spain.

Work inspection

It is an organ of the State Administration whose purpose is the surveillance and control of compliance with labor legislation. Inspectors can freely enter offices and other workplaces, review documentation related to Social Security or suspend work that is carried out without complying with safety standards. They also have the power to draw up acts of infraction for the breaches of businessmen, who will have to pay a fine.

In fact, the law protects people who have knowledge of facts that could constitute a infringement competence of the Labor Inspection and denounce it. These matters are related to Social Security, labor, occupational health, employment, etc.

labor courts

Labor courts have specific jurisdiction in the field social and labor, so they are the right places to resolve conflicts in this matter and in Social Security. Before going to them, the worker and the company must carry out a conciliation act before an administrative body, if it is mandatory.

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The order of the labor courts is as follows (from lowest to highest):

  • Social Court: resolves collective and individual labor disputes, provided that their scope does not exceed the province.
  • Superior Courts of Justice of the CCAA: They resolve appeals for labor appeals against resolutions of the Social Courts.
  • National audience: resolves processes whose scope exceeds that of the Autonomous Communities and union and collective matters.
  • Supreme Court: solves extraordinary cassation appeals, with the purpose of annulling a judicial sentence of lower bodies that contains an incorrect interpretation or application.
  • Constitutional Court: It is the specialized body of the judiciary and workers can go to it to file an amparo remedy when, having exhausted the previous judicial process, they claim against the violation of a fundamental right, such as strike action, the principle of non-discrimination, freedom of association , etc.

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