Spanish Labor Law: Unions, Collective Bargaining, and Strikes
Articles of Labor Law
Article 7: Guarantees the establishment and freedom to form unions and business associations to defend economic interests.
Article 28: Establishes the right to freedom of association and the freedom of workers to elect union representatives.
Article 37: Guarantees the right to collective bargaining for employee representatives.
Freedom of Association
- Content of the right: Free association and freedom for workers’ unions.
- Procedure for acquiring legal status of trade unions.
- Concept of the most representative union.
- Skills, abilities, guarantees, and courts related to the right to freedom of association.
Union Representation Levels
- State Level: Union obtains at least 10% of representatives in state union elections.
- Autonomous Region Level: Union wins at least 15% of elected representatives.
- Representative Union: Union wins at least 10% in recent union elections.
Social Agents
Their cooperation with the government enhances the effectiveness of standards and their adaptation to social reality and the market.
Unitary Representation
Respect for all workers in the enterprise or workplace, regardless of membership categories or seniority.
Election of Staff Delegates
- Legally constituted unions.
- Coalitions of two or more trade unions.
- Workers who have signatures three times the number of posts.
Term of office: 4 years.
Personal Delegates
Representatives of workers in enterprises with 10 to 49 employees. Enterprises with fewer than 6 workers will not have representatives. Those with more than 6 and less than 10 may have them if decided by majority vote.
Works Council
Enterprises with more than 50 employees must constitute a works council. Multiple workplaces with fewer than 50 employees each can form a joint works council if their total adds up to 50. In a province, several workplaces with more than 50 employees can form a council, those with less than 50 can form a joint works council. If the total does not reach 50, delegates will be chosen among all staff in each group.
Rights to Information and Skills
- Economic situation and evolution of the sector.
- Company’s production and sales forecasts.
- Employment and contracting data.
- Occupational health data.
- Sanctions imposed for very serious offenses.
- Measures for the effective implementation of rights to equal treatment.
Council Jurisdiction
To monitor compliance with current regulations on:
- Prevention of occupational hazards.
- Social and employment matters.
- Equal treatment of men and women.
Guarantees for Representatives
- A contradictory file must be opened before being sanctioned.
- Priority to remain in the enterprise.
- Cannot be fired or punished for exercising their duties during their term.
- Will not be discriminated against.
- Right to freely express their views on the scope of worker representation.
- Right to choose to return to their previous position or be compensated.
Collective Bargaining
Collective bargaining is the framework of formal dialogue between trade unions and businesses. It promotes the adaptation of companies and makes possible an agreement on working conditions and fundamentals.
Results of Collective Bargaining
- Framework Agreement: Establishes the structure and framework for bargaining.
- Company Agreements: Regular agreements if there is no collective agreement.
- Collective Agreement: The most important agreement, established jointly by worker and employer representatives, which sets the working conditions of a workplace.
The Collective Agreement
A written agreement freely entered into by workers and employers under their collective autonomy to regulate working conditions and productivity.
Types
- Statutory: Effects reach all workers and employers within its scope, whether affiliated or not.
- Extra-statutory: Only applies to workers and employers affiliated with the signatory organizations.
Content
- Employment contracts.
- Union matters.
- Working conditions.
- Specific agreements.
- Measures to promote equality.
- Closures.
- Wage system.
The Negotiating Process
- Formation of the negotiating committee within one month.
- Trading.
- Registration and publication.
The Strike
A strike is the total or partial cessation of work and disruption of development activities carried out by workers to defend their interests. It is a fundamental right of workers, exercised collectively, with each worker deciding individually. A strike suspends the contractual relationship. It may be unlawful when carried out in contravention of regulations. Political or unprofessional strikes that alter the collective agreement are illegal.
Solidarity and Support
If strikers claim a monetary or other professional interest, other worker groups must have an interest in the collective’s fate.
Procedure to Strike
- Report agreement of the majority.
- Communication to the labor authority and the employer concerned.
- Development of the strike.
- Ending the strike.
The Lockout
A lockout is the temporary closure of employment determined by the employer in case of conflict with their workers. The employer can appeal when there is a risk of violence or serious harm, illegal occupation of the workplace, or employee absenteeism. The employer must notify the labor authorities within 12 hours. It is not a measure of vindication but purely defensive.
Administrative Collective Procedure
- Initiation: Only by worker representatives.
- Development: 24 hours of submission.
- Completion: After mediation by the administration.
Special Collective Process
- Initiation: By any interested party.
- Trial Development: Reconciliation with the court.
- Completion: Sentence passed within three days.