This issue analyzes how, within the capitalist system, there exists an inherent conflict between capital and labor. The Spanish Constitution (CE) establishes a democratic model of labor relations based on collective autonomy, in which trade unions and employers’ associations play a key role. Labor conflict is recognized as functional, and rights such as the right to strike and freedom of association are constitutionally guaranteed.

In the context of globalization and labor reforms, a debate has emerged between economic efficiency and worker protection. Two opposing models are presented:

• Flexicurity, which prioritizes market dynamics, efficiency, and employability; and

• The professional status of individuals, which focuses on social justice, decent work, and labor rights.

The journal examines whether recent labor reforms (such as those enacted in Spain) uphold the concept of “decent work” as promoted by the International Labour Organization (ILO). It concludes that many of these reforms have led to increased precariousness and inequality, thereby weakening social protection and access to dignified employment.

The issue also reviews case law from the Spanish Constitutional Court, noting how some rulings have invoked the economic crisis as a justification for labor reform—an approach that has proven controversial.

Moreover, it explores the proposal of incorporating a social clause in free trade agreements to ensure that international trade does not undermine labor rights. An example of this is the labor chapter in the CETA agreement between the EU and Canada.

Finally, the issue analyzes the impact of Brexit on UK labor law, highlighting how populism and protectionism have introduced legal uncertainty and significant regulatory challenges.

In conclusion, the article argues that labor must be at the heart of public policy, and that labor law must evolve to guarantee a “truly human system of work.”

Index of the Journal of Social and Business Law

Introduction by Jose Luis Gil y Gil

Articles:

“Trabajo Decente y Reformas Laborales”

Jose Luis Gil y Gil

“Eficiencia Económica versus Protección Laboral en la Jurisprudencia”

Antonio V. Sempere Navarro y Angel Arias Dominguez

“Eficiencia Económica vs. Protección Laboral: análisis a partir de la Cláusula Social”

Tatsiana Ushakova

“The effect of Brexit on British industrial relations laws and its commercial and constitutional consequences”

Jo Carby-Hall