Worker Representation & Collective Bargaining in Spain

Posted on Nov 27, 2024 in Law & Jurisprudence

ITEM 4. REPRESENTATION AND PARTICIPATION OF WORKERS

Personnel Delegates

In firms with 10 to 49 employees, delegates jointly represent workers (Article 62 ET). If adjacent facilities reach 50 workers, a Works Committee is formed (Article 63.2 ET). Centers with up to 30 workers have one delegate; over 30, three delegates (Article 62.1). Firms with 6 to 10 workers may have a delegate if agreed by the majority (Article 62.1).

Powers: Delegates have the same powers as Works Committees (Article 62.2 ET), including judicial and administrative actions (Article 65.1 ET) and concluding company-level agreements.

Company Committees

These represent workers in firms with 50 or more employees. Members range from 5 to 75, based on workforce size. They elect a president and secretary, draft rules of procedure, and register them (Article 66.2 ET). Permanent, discontinuous permanent, and temporary workers (per 200 days worked in the prior year) are counted (Article 72 ET).

Joint Committee

Formed when workplaces in the same province or neighboring municipalities jointly reach 50 workers (Article 63.3 ET).

Intercenter Committee

Established by collective agreement in companies with multiple center committees. Functions are defined in the agreement, focusing on company-wide staff interests. Maximum 13 members, elected from center committees based on union election results.

Responsibilities: Receiving employer information, issuing reports, monitoring working conditions, collaborating on productivity bargaining.

Company Union Sections

Internal union bodies with legal benefits and obligations for companies (STC 84/89). Per Article 8.1 LOLS, union members can establish sections, hold meetings (notifying the employer), collect fees, distribute information (outside working hours), and receive information for their union.

Rights (Article 8.2 LOLS): Bulletin board, collective bargaining rights, suitable location in companies with over 250 employees. Denying a bulletin board is a serious breach (Article 7.1 Law 8/1998).

Company Stewards

In businesses with over 250 employees, union sections are represented by elected stewards (Article 10.1 LOLS). The number of stewards (1-4) is based on criteria in Article 10.2 LOLS. Sections with under 10% of votes have one steward. Stewards have the same guarantees as Works Committee members, plus access to information, attendance at meetings (voice, no vote), and consultation before collective measures.

ITEM 5. COLLECTIVE BARGAINING AND AGREEMENTS

Collective Agreement

A written agreement between employers and worker representatives, establishing employment conditions under Title III of the ET. It creates rights and obligations for both parties.

Features: Free, voluntary, union-based (though employers may sign), effective as rules for all within scope, documented in writing, processed according to Title III ET, sets employment conditions. Adapts more readily to social changes than laws.

Types:

  • Statutory (Common/Typical): Follows Title III ET procedure, has general effectiveness, violations can be claimed as a fundamental right.
  • Extra-Statutory: No formal procedure, limited efficacy (affects signatories only), no recourse to amparo (not a legal rule, but a covenant).

Negotiating Subjects: Employers and worker representatives (unitary or union).

Enterprise or Lower-Level Agreements: Company, work center, department, or worker group agreements. Negotiated by employers and unitary/union representatives.

Higher-Level Agreements: Agreements covering multiple companies (local, provincial, state, national). Negotiated by most representative unions (workers) and employer associations (employers) meeting specific representation thresholds (Article 87.2 ET).

Preparation Procedure

State intervention is limited to encouraging, validating, inspecting, registering, and publishing agreements. Effectiveness generally begins upon publication, with retroactive effect.

Steps:

  1. Initiative: Any negotiating subject can initiate, specifying scope and issues. Copy sent to labor authority.
  2. Receipt and Response: Recipient must negotiate in good faith (Article 89.1 ET) and respond within one month.
  3. Negotiating Committee: Formed within one month, with up to 15 members (higher-level) or 12 (enterprise-level) per side. Elects a president and secretary.
  4. Deliberations: Parties negotiate in good faith, aiming for agreement. Mediator may be appointed if needed.
  5. Agreement: Requires majority approval from each side, formalized in writing (Article 91 ET).
  6. Registration, Deposit, and Publication: Agreement is registered, reviewed, and published in the relevant official gazette within 10 days.

Content:

  • Normative: Regulates labor relations (working conditions, employment terms), e.g., contract length, hours, holidays, salary. Violations are punishable.
  • Obligational: Relates to social peace, prohibits strikes aiming to alter the agreement. Becomes outdated when the agreement expires.