Spanish Labor Rights: Strikes, Lockouts, and Collective Agreements
The Strike
A strike is the collective suspension of work by employees to demand benefits from their employer. The right to strike is protected, and no one can be forced to work during a strike.
Legal Strikes require a specific procedure:
- Agreement by workers or their representatives.
- Written notice to the employer and labor authorities (5 days in advance, 10 for public companies).
- Formation of a strike committee (maximum 12 workers) to negotiate and ensure essential services.
Illegal Strikes occur when:
- Motivated by politics, not labor issues.
- Based on solidarity or support.
- Intended to alter the agreement during its term.
- Violate the law.
During a strike, labor contracts are suspended, and workers are not entitled to wages.
Lockout
Lockouts are prohibited in Spain.
A lockout is the employer’s closure of the workplace during a strike or conflict. It is only permitted under specific circumstances:
- Imminent danger of violence.
- Illegal occupation of the workplace.
- Alteration of the production process.
The employer must notify labor authorities within 12 hours. Illegal lockouts entitle employees to their lost wages.
Collective Agreement
Collective agreements, negotiated between worker and employer representatives, regulate working conditions, improving upon legal minimums and addressing areas not covered by law.
Concept of Collective Agreement
A collective agreement is a formal, written agreement resulting from negotiations between worker and employer representatives, regulating employment contracts as required by the Workers’ Statute.
Content of Collective Agreement
Collective agreements can cover economic, labor, union, and general employment conditions, including:
- Remuneration, bonuses, and incentives.
- Probation period length.
- Job classification and professional categories.
- Promotion.
- Salary structure and extra payments.
- Working hours.
Scope of Collective Agreement
Collective agreements specify their personal, functional, and temporal scope:
- Territorial: Geographic area (state, region, province, local).
- Functional: Economic sector, business, or employment type.
- Personal: Workers and employers covered.
- Temporal: Duration of the agreement, including retroactive effects.
Negotiating Parties
Negotiations involve worker and employer representatives, including:
- Works councils, staff delegates, union sections, and unions (workers).
- Employers, business associations (employers).
Negotiation Process
Begins with a written proposal from one party to the other. It can end with:
- Agreement: Written and submitted to labor authorities.
- No agreement: Existing provisions may remain in force if previously agreed.
Interpretation of Collective Agreements
Joint committees, composed equally of worker and employer representatives, interpret ambiguous provisions.