Understanding Trade Unions and Collective Bargaining in Spain
The Concept of a Union
The concept of a union is now recognized in the Statute of Workers. After long periods of struggle and confrontation between two historically opposed social classes, workers and employers, the rights of one party assume obligations for the other. Employers and workers are grouped separately to form associations and trade unions. Public Administration reaches a point where it finds time to negotiate working conditions. Employers, employees, and Public Administration are the three social partners.
A union is a non-profit workers’ association that strives to maintain and improve working conditions through negotiation. Unions bring together their members by industrial specialties.
Union Action
Workers who are union members have the following rights:
- Receive information from their union.
- Create union sections.
- Hold meetings outside working hours, without hindering or interfering with the normal conduct of business.
Right of Participation
The right of participation is exercised through staff delegates or a council, who are the workers’ representatives. Representation is scaled as follows:
- Up to 30 workers: 1 delegate
- 1931 to 1949: 3 delegates
- 50-100 employees: 5 representatives
- 101-250 employees: 9 representatives
- 251-500 employees: 13 representatives
- 501-750 employees: 17 representatives
- 751-1,000 employees: 21 representatives
- 1,001 or more workers: 2 per 1,000 members or fraction, with a maximum of 75 representatives
Elected representatives have the same work of representation for their colleagues.
Collective Disputes: Strike and Lockout
When employee representatives fail to reach an understanding with employers or their representatives, collective disputes may arise. Each party involved takes pressure action to try to impose their will. It is crucial to comply with the rules to avoid committing an unlawful act or exceeding the limits of the proceedings.
Pressure Measures
- Strike: A unanimous, collective, and voluntary suspension of work by workers.
- Lockout: A legitimate right of the employer under the following circumstances:
- Clear danger of violence
- Illegal occupation of the company
- Irregularities in the work that cause significant alteration in production
Collective Bargaining
The Workers’ Statute regulates the issues that can be negotiated collectively. Other matters are covered in individual employment contracts.
General collective bargaining agreements are defined when workers and employers, through their representatives, negotiate the content of lower-level negotiations at a national or regional level.
Labor Standards Hierarchy
- Constitution
- Laws and regulations
- Collective Agreements
- Company Agreements
- Employment Contracts
Collective Agreements
The mission of collective agreements is to regulate working conditions not provided by laws and regulations. They have the same type and scope as laws. Collective agreements can modify the contents of a law or regulation, provided that it results in improvements for the worker. They can regulate economic and labor unions while respecting laws and regulations to better provide for the worker.
Vocabulary
- Union Members: Workers enrolled as members of a trade union.
- Delegates/Representatives: People who have the power to act on behalf of others.
- Lawful: Allowed by law.
- Working Mass: The set of all workers.