Worker Representation and Collective Action in Spanish Labor Law

Posted on Oct 23, 2025 in Law & Jurisprudence

Trade Unions and Worker Representation in Spain

Trade unions are associations of workers established to defend their common interests. Their primary purpose is to defend and achieve the economic, social, and political demands of their members. All employees have the right to organize freely for the promotion and defense of their economic and social interests.

Legal Framework for Trade Unions

The right to unionize is regulated by several key legal texts:

  • Spanish Constitution:
    • Limitations: Applies to armed forces, institutions, and other bodies subject to military discipline, as well as public servants (funcionarios).
    • Rights: Includes the right to form trade unions freely, join them, form confederations, and found or join international union organizations.
  • Workers’ Statute (LET): Addresses collective and representation rights of workers and the right of assembly.
  • Organic Law of Freedom of Association (LOLA).

Fundamental Trade Union Rights

Trade unions possess the following rights:

  • The right to draft statutes and rules and manage their own affairs (gestion).
  • The right to establish federations, confederations, and international organizations.
  • Suspension or dissolution requires the intervention of the judicial authority.
  • The exercise of union activity is permitted both inside and outside the company.

Rights of Most Representative Unions

The most representative unions hold specific rights, including:

  • Representation of workers before the public administration.
  • Collective negotiation.
  • Participation in determining working conditions when dealing with the public administration.
  • Participation in resolving labor disputes without judicial intervention (mediation/arbitration).
  • Promotion of the election of employee representatives.
  • Access to the use of public property for union activities.

Election of Staff Representatives

The election process differs based on the type of representative:

  • Staff Delegates: Each voter casts a vote for the desired candidates (open lists), and those with the most votes are chosen.
  • Works Council Members: The voter must choose between closed lists. Seats are then allocated to each list using a proportional representation system.

Staff Delegates Threshold

Staff Delegates are not required in companies with fewer than 10 employees. Formal representation (Staff Delegates) is typically established in companies employing between 10 and 49 workers.

Right of Assembly for Workers

The right of assembly is governed by specific rules:

  • Convening: Can be convened by staff representatives, the Works Council, or 33% of the workforce (plantilla).
  • Chairing: Must be chaired by the Works Council or the staff delegates.
  • Location: The meeting place is usually the workplace.
  • Timing: Unless otherwise agreed with the employer, the assembly must take place outside working hours.
  • Notice: The call must be issued 48 hours in advance, including the agenda.
  • Agreements: Agreements are considered valid if approved by an absolute majority of those present.

Collective Agreements and Labor Disputes

Collective Agreement Definition

A collective agreement is a pact signed by representatives of workers and the company to establish working conditions and productivity standards.

Legitimation to Negotiate

The following parties are legitimized to negotiate a collective agreement:

  • The Works Council or staff delegates.
  • Union representatives who are considered most representative.
  • The employers or their legal representatives.

Validity and Publication

For a collective agreement to be valid, it must be documented and submitted to the labor authority within 15 days of signing. The authority orders its registration and publication in the BOE (Official State Gazette) within 10 days.

Adhesion vs. Extension

  • Adhesion: Can be done by parties entitled to negotiate the agreement, provided they are not already covered by another agreement. This must be communicated to the competent employment authorities.
  • Extension: Can only be performed by the Ministry of Labor and Social Affairs under specific circumstances.

Minimum Content of the Collective Agreement

The agreement must include:

  • Identification of the contracting parties.
  • Scope (personal, functional, territorial, and temporal).
  • Clauses allowing derogations or opt-outs (descuelgue).
  • Form and conditions for contract termination and the notice period for denunciation.
  • Establishment of a Joint Committee representing the negotiating parties.

Termination of a Collective Agreement

An agreement can be terminated:

  • By agreement of the parties.
  • By appointment of one or more arbitrators whose solution must be respected by the parties.
  • Through the Labor Court or competent chamber.

The Legal Strike

A legal strike requires specific steps:

  • Initiation: Requires agreement from worker representatives, a vote by the workers themselves, or agreement by the union organizations.
  • Notice: Written communication must be sent to the concerned employers and the labor authority 5 calendar days before the start date.
  • Strike Committee: Creation of a strike committee to manage the conflict resolution process.
  • Conclusion: The strike concludes by agreement between the workers (represented by the strike committee) and the employer.

Prohibition of Fines Imposed by Employers

The imposition of a ‘fine’ (sanción de multa) by the employer, which involves the appropriation of things belonging to the employee, is strictly prohibited by the Workers’ Statute (LET).