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COLLECTIVE BARGAINING IN SPAIN. GENERAL CONSIDERATIONS

Learn about the Spanish model of collective bargaining, including the constitutional and legal framework, interconfederal agreements, sectorial collective agreements, and basic rules. Discover who can negotiate and the key principles that guide collective bargaining in Spain.

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COLLECTIVE BARGAINING IN SPAIN. GENERAL CONSIDERATIONS

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  1. COLLECTIVE BARGAINING IN SPAIN. GENERAL CONSIDERATIONS

  2. Spanish model of collective bargaining • Collective bargaining is a citizenship right covered by the Constitution and the “Estatuto de los Trabajadores” law. • ”Interconfederal” Agreements between the main general employers’ organizations and trade unions that serves to coordinate the general rules in “sensible” issues: wages, equality policies, etc. They are general recommendations. • Framework Agreements regulate in a more specific way some strategic issues like professional classification or training, not in all sectors. In the Commerce sector the specific Framework Agreement is called AMAC. In hospitality, it’s called ALEH (recent “riders” regulation). • Sectorial collective agreements in the state-regional-local (province) levels. The levels are complementary and work “like in a waterfall”. • Company agreeements level. Since the 2012 laboral reform it has legal priority over the sectorial ones. • 85% workforce is covered by collective agreements

  3. WHO CAN NEGOTIATE? There’s a double way In the company level: • Works Councils or shop stewards • Unions representing them In both cases the power to bargain and sign agreements is legal if they are the majority of worker’s representation

  4. WHO CAN NEGOTIATE? (2) In the sectorial level: • Unions considered legally as “more representative” • That means having at least 10% of representativeness in the sectorial or geographical scope • The employers’ associations representing the 10% minimum and have 10% workers employed in the sector

  5. BASIC COLLECTIVE BARGAINING RULES • Obligation to negotiate in good faith, but not obligation to agree • Overall efficiency (no matter if you’re a member of a union or not) • “Ultra-activity” of the agreement: validity of contents while negotiating, reduced in the 2012 laboral reform • The contents are minimum application (less than this it’s illegal) • Once the agreement is signed it supposes a tacit clause of social peace for the agreed issues

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