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What it is

Basic rules for labor court proceedings in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 1 July 1988. Introduced by: GOBIERNO.

Official title: GOVERNMENT BILL ON THE BASIC LAW ON LABOR PROCEDURES.

Follow this law

Source: Congreso de los Diputados, file 121/000089· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law sets out the bases for the Government to draft a new labor procedure code, replacing the one in force since 1980, adapting it to the new judicial organization created by the organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. of the Judiciary.
  2. The labor process is governed by the principles of immediacy, orality, concentration and speed. Parties may defend themselves and a lawyer is optional in first-instance proceedings.
  3. Workers and those who show insufficient resources have the right to free legal aid. The law also safeguards procedural equality, compensating the initial imbalance between worker and employer.
  4. Social Courts (Juzgados de lo Social) are the first and only instance. Their rulings can be appealed in 'suplicación' before the Superior Courts of Justice, and in cassation before the Supreme Court, which also hears the appeal to unify case law.
  5. Unions and employer associations may defend their own interests in court and act on behalf of affiliated workers, as well as bring collective disputes.
  6. Enforcement of judgments is strengthened: executions against the same debtor may be combined, waiving rights recognized to the worker is prohibited, and provisional enforcement of appealed judgments is regulated.

Who it affects

  • Workers: They get a faster labor process, can litigate without a lawyer in first instance, and access free legal aid.
  • Employers: They must follow the new rules on claims, evidence and enforcement, with possible fines for bad faith.
  • Unions and employer associations: They can defend their own interests, act for affiliated workers, and bring collective disputes.
  • Social Courts and Tribunals: Their jurisdiction, appeals and enforcement of judgments are reorganized.

Words worth knowing

Tutela judicial efectiva
Constitutional right to go to court and obtain a ruling with full guarantees.
Recurso de suplicación
Appeal allowing Superior Courts of Justice to review rulings by the Social Courts.
Recurso de casación
Extraordinary appeal to the Supreme Court to correct errors in applying the law or evidence.
Reconvención
When the defendant, in turn, makes a claim against the plaintiff in the same case.
Conciliación previa
Mandatory step before an administrative service to try to reach a settlement before going to trial.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced1 July 1988Someone registers the text in the Congreso.
  2. Admitted19 July 1988The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
11. 1 July 1988: Presentación22. 19 July 1988: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Law 7/1989, of April 12, on the Basic Rules for Labor Procedure.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error