Understanding Labor Unions and Worker Representation in Spain
A union is an ongoing partnership and non-profit organization, independent of employers, dedicated to the economic and social progress of its members. Unions are especially focused on the maintenance and improvement of working conditions through collective bargaining.
The right to freedom of association has two aspects:
- Positive: The right to unionize.
- Negative: No right to organize (meaning individuals cannot be compelled to join a union).
Most Representative Unions
Nationwide
Unions that have gained 10% or more of all staff delegates and members of works councils are considered most representative at the national level. Unions federated with other state-level unions that have the most representative character also fall under this category.
Scope of an Autonomous Region
Unions that have achieved 15% or more of the total staff delegates and members of works councils in the reference community are considered most representative within an autonomous region. Unions federated with another union that has the representative character in this field are also included.
Most representative unions have the ability to:
- Conduct collective bargaining.
- Represent workers to public authorities.
- Participate in non-judicial labor dispute resolution.
- Obtain temporary use of publicly owned property.
Trade Union Action Within a Company
Workers belonging to unions may, within the scope of the business or workplace:
- Create union sections.
- Hold meetings.
- Receive information provided by their union.
The union sections of the most representative unions are entitled to:
- Negotiate collectively.
- Have a bulletin board.
- Use a local space for announcements when the company or establishment has more than 250 employees.
Union branches are represented by union stewards.
Worker Participation
The right to employee participation in a company revolves around staff delegates and works councils.
Staff Delegates and Works Councils
The existence of these depends on the number of workers, according to the following:
- Staff Delegates: Representatives of workers in companies or establishments with fewer than 50 and more than 10 workers.
- Works Councils: The body representing workers in enterprises or establishments whose workforce is 50 or more workers.
Powers and Guarantees of Staff Delegates and Works Councils
These are the same for both representative bodies and can be grouped as follows:
Responsibilities:
- Receiving company information on developments in the economic sector to which it belongs.
- Issuing reports on restructuring plans and changes in working conditions.
- Ensuring compliance by the company with labor standards and occupational health regulations.
- Participating in collective bargaining.
Guarantees:
- The right to file for the opening of a contradictory case if the company intends to dismiss a representative for serious or very serious misconduct.
- The right to remain employed in the event of a collective dismissal that does not affect the entire workforce.
- The right to freely express their opinions.
Business Associations
These are organizations composed of employers who have freely associated to defend their rights (e.g., CEOE – Spanish Confederation of Employers’ Organizations).
Nationwide
Those that have 10% or more of the companies or workers.
Autonomous Region
Those that have 15% or more of employers or workers.
Right of Assembly for Workers
This may be convened by staff representatives, the works council, or a number of workers not less than 33% of the total workforce. The invitation must be communicated to the employer 48 hours in advance.
The employer is not required to assign the work center for the meeting in these cases:
- When the call is not legal.
- If less than two months have passed since the previous call.
- If damages from previous meetings have not been paid or guaranteed.
- If there is a legal closure situation of the company.
Collective Bargaining Conflicts
The procedure of collective labor dispute is a legal instrument aimed at resolving differences arising between a company and its workers that affect the general interests of both. It may be brought by workers or employers.
Depending on the subject of the conflict, it may be:
- Conflict of Application: Arises when there are divergent opinions on the interpretation and application of standards.
- Conflict of Interest: When seeking the modification or replacement of a standard.