Labor Union Fundamentals and Worker Rights

Understanding Labor Unions and Worker Rights

Definition of a Union

A union is a permanent, institutional association of workers with independent functions. It can bring together employees, officials, self-employed individuals without dependent employees, the unemployed, and retirees with the goal of promoting the economic and social progress of its members. It performs advocacy functions, welfare services, and can engage in political participation.

Freedom of Association

Constitutional Framework

The right to freedom of association is recognized in Article 28.1 of the Spanish Constitution and is developed by Organic Law 11/1985.

Limitations

The Organic Law of Freedom of Association (LOLS) reserves the right to create a union for active workers, denying this possibility to the unemployed, pensioners, and workers who have ceased their activity due to incapacity.

Rights of Union Action in a Company

The three primary rights related to trade union action within a company are:

• The right to create union sections.
• The right to elect union representatives.
• The rights of union stewards.

Collective Bargaining Agreements

What is a Collective Agreement?

A collective agreement is a binding accord that establishes rules and disciplinary measures governing a specific set of collective work relationships.

Classification of Agreements

Collective agreements are classified according to their territorial scope:

• National Level: Covering the entire territory of the state.
• Autonomous Community Level: Covering the territory of an autonomous community.
• Provincial Level.
• Local Level.

Minimum Content of a Collective Agreement

A collective agreement must contain, at a minimum, the following information:

• The parties who are entering into the agreement.
• The personal, functional, territorial, and time-based scope to determine who is affected by the agreement.
• Terms and procedures for opting out of the agreement under specific conditions.
• The manner and conditions for terminating the agreement, including its notice period.
• The appointment of a joint committee composed of the negotiating parties.

Industrial Action

The Strike

A strike is a fundamental right recognized in the Spanish Constitution. It is an individual right that all workers can exercise voluntarily, but its execution is inherently collective. A strike is aimed at defending the interests and rights of workers through the cessation of work for a period. During the strike, the labor contract remains valid but is suspended, along with the basic obligations of the employer and the worker. Certain types of strikes may be classified as illegal (e.g., politically motivated strikes, rotating strikes, or strikes that violate regulations).

The Lockout

A lockout occurs when an employer closes a workplace. This can be decreed by the employer if they believe that riots or non-peaceful demonstrations by workers could adversely affect the company's facilities, raw materials, machinery, or other assets.