Spanish Constitution: Workers’ Rights and Union Structure
Workers’ Rights and Union Structure in Spain
The entry into force of the Spanish Constitution meant to recognize the right to self-organization as a fundamental right. This right was further developed through the Organic Law on Freedom of Association. This law encompasses two aspects: a positive one, recognizing the right to organize, and a negative one, recognizing the right not to be compelled to join a union.
Union Basics
Unions: Unions are organizations formed to defend and represent the interests of workers who join them. The most characteristic features of unions are negotiating collective agreements and managing strikes.
Basic Union Structure
The basic structure of a union typically includes:
- Assembly: The principal organ of the union, responsible for adopting the most important agreements.
- Executive Committee: Responsible for executing the resolutions adopted at the assembly.
- Secretary-General: The person responsible for carrying out the decisions taken by the executive committee.
- Consultative Bodies: These bodies may exist to handle bureaucratic issues that facilitate the organization and operation of the union.
Worker Representation
The representation of workers within a company can be of two types: Association (sections and shop stewards) and Unitary (staff delegates and Works Councils).
Stewards
Stewards: They are representatives of a union within the company who have been elected by the union.
Union sections are represented by union shop stewards elected by and among its affiliates, particularly in companies with more than 250 workers who have representatives on the committee or employment. In addition to the rights recognized by convention, stewards have access to information and documents of the committee and of the organs of security and occupational health, with voice but no vote.
Unitary Representation
Unitary representation of the employees of the company:
- Delegates of Staff: Represent workers in enterprises or workplaces with fewer than 50 and more than 10 employees.
- The Works Council: The representative body for companies with 50 or more workers, with composition determined according to the following scale: 50 to 10 employees, 5 members.
Collective Bargaining
Collective bargaining is the mechanism for regulating working conditions. It is the system laying down the criteria governing the employment relationship.
Minimum Contents of Collective Agreements
The minimum contents of the collective agreement: include the parties involved, personal, territorial, and temporal conditions, procedures for application of non-wage regimes, form and conditions of termination and notice period, and designation of a joint committee of representation of the negotiating parties.
Nature of Matters Covered
Nature of the matters covered by collective bargaining agreements: Economic, Labor Unions, Healthcare, Prevention of occupational risks, and Others.
The effectiveness of an agreement requires all workers and employers who are included in its scope to adhere to it.
Validity and Effectiveness
The validity and effectiveness of the collective agreement: Once agreement is reached on a collective agreement, this must be in writing to be valid.
Industrial Disputes
The conflict arises when workers collectively confront the company to defend the interests of the entire group. Conflicts can be categorized as economic interests or application and regulation. Application and interpretation conflicts involve modifying or replacing an existing standard without discussing its interpretation. Methods to resolve industrial disputes include negotiation, intervention of third parties, and recourse to the Courts through the social order of court.