Labor Relations and Collective Bargaining in Spain
**Right to Organize**
The right to organize is a constitutional right that allows workers to associate in trade unions to defend their rights and occupational, economic, or social interests.
Faculties
- Bargain collectively
- Participate in labor disputes
- Promote the election of workers’ representatives
Background
Workers can form trade unions, freely associate with a union, separate from a union, and join other elected representatives within the union. Trade unions are formalized organizations that defend and represent the interests of their members. Their functions include the negotiation of collective agreements and the management of strikes. Examples include CCOO, UGT, and CNT.
**Employee Participation**
- Union Representation: Trade union branches can be created in companies with more than 200 workers.
- Unitary Representation: Works councils are required in companies with at least 50 workers. Delegates of personnel are required in companies with between 11 and 49 employees. Companies with 6 to 10 employees are not required to have representation but can choose to have it by majority vote.
Representatives have guarantees to enable them to effectively carry out their work, such as job security, protection against layoffs, and priority to remain in their jobs if there are relocations or displacements. Delegates also have a personal credit of paid hours per month to perform their representational functions.
**Collective Bargaining**
Any conflict must respect the legal minimum requirements. A collective agreement aims to resolve conflicts of interest that may arise between the employer and employees. It maintains or improves the contents of the status of workers, but it cannot worsen them. Collective bargaining is the agreement reached by representatives of workers and entrepreneurs to improve the minimum levels set by regulations. In determining the scope of the agreements, the legitimacy of the signing parties must be addressed. Every trade union, federation or confederation of trade unions, and business association that meets all the requirements of standing is entitled to be part of the negotiating committee.
**Content of Agreement**
Those who arrange the agreement set a personal, functional, territorial, and temporal level; determine the form and conditions to abrogate the agreement; appoint a joint committee representing the parties to resolve any issue; and fix the conditions and procedures. Areas under the agreements include economic, labor, trade union, occupational risk prevention, care, and others.
**Validity, Effectiveness, and Validity**
A collective agreement that is not established in writing is void. It requires a specific process of registration and validation. It must be submitted to the competent employment authorities within 15 days after its signing. The labor authorities order the registration and publication within 10 days in the BOE (Official State Gazette). The agreement comes into force on the date agreed upon by the signatories.
**Negotiation Procedure**
- Proposal: In writing, must contain legitimate areas of agreement and be subject to regulations.
- Answer: In writing, within one month.
- Constitution of the Negotiating Committee: Maximum of 12 members for enterprise agreements, and a maximum of 15 members for each party in non-enterprise agreements.
- Agreements: By a majority of each of the parties.
- Registration and Publication: Both parties are obliged to negotiate under the principle of good faith.
**Collective Disputes**
Collective labor disputes affect employees of the company. The strike and lockout are the extreme measures of collective conflict.
**Strike**
A strike is a temporary cessation of work, a collective and concerted initiative of workers whose goal is to seek better economic or working conditions. It requires a specific procedure.
**Lockout**
A lockout is a collective struggle initiated by employers. Reasons for a lockout include danger to persons or things, absence or irregularity in production, or an illegal enterprise.