Workers’ Rights, Unions, and Social Security in Spain
The organic law of freedom of association grants the following rights to workers:
- Form unions and to suspend or terminate them democratically
- Engage in union activity
- Join the union of their choice, provided they meet the union’s statute
- Not to join if they so desire
- Separate from the union to which they are affiliated
- Choose freely their representatives within the union to which they are affiliated
The levels of union representation are three:
- Most representative trade unions at the state level: state-level unions that gain at least 10% of employee representatives.
- Most representative trade unions on the economic level: unions achieving at least 15% of worker representatives at the autonomous community level, with companies always having a minimum of 1,500 representatives.
- Sufficiently representative trade unions: unions that obtain, in a certain territorial and functional area, at least 10% of worker representatives in enterprises.
A representative union has the following powers:
- Act as a representative and partner with public entities.
- Promote collective bargaining.
- Participate in the judicial settlement of labor disputes.
- Promote elections for staff representatives and works councils.
Depending on the number of workers, an enterprise or workplace will have staff delegates or a works council:
- Staff Delegate: Represents all workers. Required in companies with 11 to 30 workers (one delegate) and three delegates for those with 31 to 49 employees.
- Company Committee: The representative body of all workers in companies or workplaces with more than 50 employees.
In companies with multiple worksites within a single province, which jointly employ more than 50 workers, a joint works council may be created. When a company has several work centers, each with its own works council, a collective agreement may provide for a joint committee called the Intercentre Committee.
Both staff delegates and committee members have, among others, the following powers:
- Receive information from employer representatives for consultation or examination.
- Make reports prior to decisions being taken.
- Monitor and control compliance with current laws regarding health and safety, recruitment, social security, etc.
- Negotiate and agree on behalf of workers on issues that significantly affect them.
- Participate and collaborate in improving the company’s social climate.
The law expressly protects the work of trade union representatives through the following rights:
- Protection against dismissal and sanctions.
- Priority to stay in business or employment.
- No discrimination in promotion or professional development.
- Freedom of expression.
- Paid time off each month.
- Opening of a file-contradictory.
Workers who are union members can create union locals in the area of the enterprise or workplace to enjoy the following rights:
- Hold meetings, after notifying the employer.
- Receive information from their union.
- Collect fees and distribute union information outside working hours.
Furthermore, branches of the most representative trade unions with a presence in the unitary representation have the following rights:
- Have a bulletin board in the workplace.
- Participate in collective bargaining.
- Use a company local in enterprises with more than 250 workers.
Collective agreements regulate economic affairs, labor unions, and working conditions. To be legally valid, they must contain at least:
- Identification of the parties or legitimate bargaining agents.
- Scope: Clearly defining who is affected by the agreement across geographical, functional, personal, and temporal areas.
- Denunciation of the Convention: When the agreement is to expire, an interested party must allege its termination. Otherwise, it shall be extended.
- Joint Commission: To decide on assigned matters, a commission with equal representation from both sides is appointed.
- Wage Clause: Conditions and procedures under which a wage is inapplicable.
A collective dispute is a disagreement between workers and employers regarding the claims of a significant group of workers.
There are two types of collective disputes:
- Legal or Right: Disputes over the interpretation or application of rules.
- Economic or Interest: When a party believes circumstances have changed to the extent that working conditions need amendment or new conditions need creation.
A strike is the suspension of work carried out in a collective and concerted action by employees as pressure to defend their interests.
It is a fundamental right with maximum protection and privilege, though not unlimited. Its exercise must respect the freedom of employment of those who do not want to join the strike and the functioning of essential community services.
During a strike, the contract is suspended, and the employee is not entitled to wages, being in a situation of special social security.
The strike procedure is as follows:
- Agreement of entitled parties.
- Declaration of strike.
- Creation of the strike committee.
- Fixation of minimum services.
The law stipulates that a strike is illegal if:
- Procedure not followed: Formalities are not met.
- Purpose: Strikes are politically motivated, based on solidarity exceeding the professional sphere, or aim to alter the terms of a current collective agreement.
- Mode: Abusive or against prima facie evidence.
- Development: Acts performed during the strike exceed the limits of labor law (e.g., unauthorized occupation of the workplace).
A lockout is the closure of the workplace for all workers, a right the employer may exercise in the following cases:
- Risk of violence to persons or serious harm to people or things.
- Illegal occupation of the workplace or danger of its occurrence.
- Absenteeism or irregularities that seriously hinder the normal production process.
Court settlement processes are threefold:
- Reconciliation: A third party facilitates negotiation for the parties to reach an agreement.
- Mediation: The parties appoint a partner who offers possible solutions, which are not binding.
- Arbitration: The parties agree to submit to the decision of a designated third party.
Social security is the protective action, supported by government guarantees, providing adequate social assistance and benefits for citizens in need.
Levels of protection:
- Contributory: Benefits granted to those who have previously contributed to social security.
- Non-contributory: For those who have never contributed or have contributed insufficiently, if they lack financial resources.
Social security schemes:
- General: For employees not in any special arrangements.
- Special: For professional activities requiring special attention due to their peculiarities.
To be eligible for social security, two requirements must be met:
- Being affiliated and registered with social security or in an equivalent situation.
- Accrediting the minimum contribution period required for the specific provision.