Collective Bargaining Agreements and Negotiation Procedures

Collective Agreements and Labor Negotiation

1. Collective Agreement

Collective agreement: A written agreement on working conditions, labor and economic terms between an employer and employee representatives.

2. Scope

Scope: The level at which the convention applies. We distinguish between enterprise-wide agreements and conventions at a supra-enterprise level.

3. Classification of Areas

• Geographic or territorial: Refers to the territory in which the agreement applies.
• Functional: Refers to the branch or sector of activity to which it applies.
• Personal: Refers to the workers to whom it applies.
• Temporal: Refers to the length or duration of the agreement.

4. Types of Convention Content

• Obligatory: Contains clauses that create obligations for the parties to the agreement.
• Standards: Contains clauses that regulate labor relations.

5. Procedure for Negotiation of Collective Agreements

1. Proposal for negotiation: Workers or employers wishing to propose negotiation must communicate the proposal in writing to the other party.
2. Answer: The other party must respond within one month.
3. Constitution of the negotiating committee: Within one month of the proposal, the negotiating committee should be constituted; the committee is obliged to negotiate under the principle of good faith.
4. Agreements: For the adoption of agreements, a majority vote of each of the two parties is required.
5. Registration and publication: The agreement must be drafted in writing, signed by the parties and submitted to the labor authority for registration. The labor authority must publish it in the Official Gazette or the relevant autonomous region newsletter within 10 days.

6. Collective Action

Collective action: The public presentation of the positions of the parties.

Events

• Strike: A fundamental right of workers; the cessation of work as a pressure measure to defend their interests.
• Lockout: The total or partial cessation of company activity by the employer's decision.

7. Steps of Collective Action

1. Action required: A statement of the conflict must be submitted to the labor authority. The labor authority will issue a copy of the letter to the other party and shall summon the parties.
2. Settlement procedures: Agreement between the parties following the announcement. Options include:

• Submission to arbitration proceedings.
• If no agreement is reached or if the parties do not accept arbitral submission, the administration will send a report of proceedings to the competent court to resolve the conflict.