Understanding Labor Unions and Collective Bargaining

Posted on Oct 11, 2024 in Law & Jurisprudence

Labor Unions: Definition and Characteristics

Unions are formally established organizations that primarily defend and represent the interests of their members. Their most distinctive functions involve negotiating collective agreements and managing strikes. Members of the Armed Forces, Security Forces governed by their own rules, judges, and active prosecutors are excepted.

Legal Framework: Organic Law 11/1985 (LOLS)

The LOLS outlines the contents of freedom of association, including:

  • The right to found and join a union.
  • The right to leave a union and join another.
  • The right to elect union representatives.
  • The right to participate in union activities.

Most Representative Unions

A union is considered representative when it achieves at least 10% of worker representatives within specific functional and territorial areas at the national level. At the Autonomous Community level, 15% of employee representatives is required, with a minimum of 1,500 representatives.

Functions of a Representative Union

  • Participating in collective bargaining.
  • Acting as a representative and partner with government and other entities.
  • Participating in workplace conflict resolution.
  • Promoting worker elections.

Worker Representation

Union Representation

Workplaces with over 250 employees are represented by union stewards.

Unitary Representation Committee

Businesses with a minimum of 50 workers have a Unitary Representation Committee.

Staff Delegates

Companies with 11 to 49 workers elect staff delegates. Workplaces with 6 to 10 workers can choose a personal delegate. In companies with up to 30 workers, the staff delegate also acts as the prevention officer. In companies with 31 to 49 employees, the prevention officer must be elected from among the staff representatives. In companies with 50 or more workers, the prevention officer must be nominated from among the staff representatives.

Contesting Sanctions

In cases of serious or very serious sanctions, employee representatives are entitled to a special procedure. This procedure begins with the opening of a contradictory file. Any sanction imposed before allowing the application, hearing the concerned person, and consulting the unitary representation or association is void. Dismissal, in such cases, is irrelevant.

Worker Guarantees

  • Right not to be dismissed or discriminated against for exercising their functions.
  • Right to freedom of opinion.
  • Right to paid monthly credit hours.
  • Priority in office if there are relocations or displacements.

Collective Bargaining

Collective bargaining is the process of negotiation between worker representatives and employers to improve upon the minimum standards set by regulations regarding working conditions and productivity.

Areas Covered by Collective Agreements

  • Financial: Primarily salaries.
  • Work-related: Working days, breaks, contracts, job categories, working conditions, etc.
  • Association: Representative bodies.

Validity and Effectiveness of Collective Agreements

Any collective agreement not established in writing is invalid. A specific registration and validation process is required:

  • The agreement must be presented to labor authorities within 15 days of its signing.
  • Within 10 days, the labor authority mandates registration and publication in the official state bulletin or appropriate publication according to its territorial scope.
  • The collective agreement comes into effect at a time agreed upon by the signatories.

A new collective agreement’s provisions can supersede an earlier agreement. Once published, a collective agreement is binding on all workers and companies within its scope, unless an inaplicability clause exists. An inaplicability clause is used when a higher-level agreement is signed by the company, and neither the company nor the workers can supplement it.

Phases of Collective Bargaining

  1. Proposal: Written communication must include the negotiating parties, areas of agreement, and materials to be regulated.
  2. Reply: Written response within one month.
  3. Constitution of the Negotiating Body: For company agreements, a maximum of 12 members from each party. For higher-level agreements, a maximum of 15 members from each party. Decisions require a majority from each party.
  4. Registration and Publication.

Strikes

A strike is a temporary and collective work stoppage initiated by workers of one or more companies. Its objective is to seek economic improvements or better working conditions.

Strike Procedure

  • Written notice must be served to the company and labor authority with a 5-day notice.
  • Agreement by a majority of worker representatives is essential.
  • A strike committee with a maximum of twelve workers per affected workplace must be formed.
  • A 10-day advance warning is required for public services.

Illegal Strikes

Strikes are illegal if they are:

  • For political reasons.
  • In solidarity or support.
  • To modify existing agreements during their term.
  • Against legal provisions or the collective agreement itself.

Lockouts

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