Workers’ Rights and Trade Unions in Spain: Regulations and Powers
Trade Unions: Definition and Purpose
A union is an association of workers formed to defend their common interests. Its purpose is to advocate for and secure the economic, social, and political demands of its members.
Regulations Governing Trade Unions in Spain
Spanish Constitution
Article 7 of the Spanish Constitution addresses unions and business associations, while Article 28.1 refers to freedom of association, outlining the following rights and limitations:
- Limitations:
- The armed forces and other bodies subject to military discipline.
- Public officials.
- Rights:
- Form trade unions freely.
- Join existing trade unions.
- Establish and join union confederations.
Workers’ Statute (Estatuto de los Trabajadores – LET)
The LET outlines the rights of collective representation and assembly of workers within enterprises.
Organic Law on Freedom of Association (Ley Orgánica de Libertad Sindical – LOLS)
The LOLS establishes the legal framework for industrial action in the protection of freedom of association.
Trade Union Rights
- Drafting statutes and rules, as well as managing their own affairs.
- Establishing federations, confederations, and international organizations.
- Suspension or dissolution requires judicial intervention.
- Exercising union activity both inside and outside the company.
Rights of the Most Representative Trade Unions
- Representing workers before public authorities.
- Engaging in collective bargaining.
- Participating in determining working conditions within public organizations.
- Participating in resolving labor disputes where judicial intervention is not required.
- Promoting the election of employee representatives.
- Obtaining temporary use of heritage buildings.
Powers of Delegates and Committees
- Receiving information on the sector in which the company operates.
- Having access to the balance sheet, income statement, and other documents that partners are entitled to know.
- Issuing reports.
- Receiving information on procurement.
- Being present, if the employee wishes, during the signing of settlements.
- Knowing data on absenteeism, accidents, and occupational diseases.
- Monitoring compliance with rules on employment, social security, health and safety, and employment.
- Being informed of penalties for gross misconduct.
- Engaging in collective bargaining.
- Informing the National Institute of Employment (INAEM) about procurement.
Guarantees for Union Representatives
- Opening of a contradictory file in the case of penalties for serious or very serious misconduct.
- Preference for maintaining the same position in cases of suspension, cancellation, or technological causes of mobility.
- Protection against dismissal or punishment for exercising their functions or during the year following the termination of their mandate.
- Freedom to express their views and to publish and distribute union publications.
- A set number of paid hours per month for the exercise of their functions.
Right of Assembly
Workers of the same company have the right to assemble. These assemblies are governed by the following rules:
- They can be called by staff representatives or by 33% of the workforce.
- The assembly will be chaired by the works council or staff delegates.
- The meeting place is the workplace.
- Unless otherwise agreed with the employer, meetings will be held during working hours.
- Only agenda items may be discussed.
- Meetings must be called at least 48 hours in advance.
- Decisions are valid if approved by a majority (half plus one) of the workers.