Legal Framework for Employment Conflicts and Resolution

Special Requirements for Evidence Applications

Applicants must not be separated from the administration due to disciplinary administrative proceedings. Furthermore, the administration reserves rights for disabled individuals or officials seeking promotion.

Labor Disputes

Concept

Labor disputes arise from disparities between an employer and a worker.

Classification of Disputes

• Individual disputes: Involve a single worker and an entrepreneur, originating from an individual contract.
• Collective disputes: Involve a group of workers or employers.
• Legal disputes: Concern the interpretation of standards involving the employment relationship.
• Conflicts of interest: Arise when modifying an existing rule.

Forms of Conflict

Methods used to externalize conflict include:

• Strike: Initiated by workers.
• Lockout: Initiated by the employer.

Strikes and Legal Framework

Article 28.2 of the Spanish Constitution recognizes the legitimate right to strike. Strikes are classified as legal or illegal based on compliance with established requirements, agreements, and solidarity principles.

The strike settlement must be reported to the labor authority and the employer in writing at least 5 days in advance, or 10 days for public servants.

Effects of a Strike

1. The employment contract is suspended, and wages are not paid.
2. Social security contributions are suspended.
3. The employer cannot replace a striking worker with external personnel.
4. Workers are free to participate or abstain.

A strike committee is responsible for ensuring the safety of persons and company assets.

The Lockout

Concept

A lockout is the employer's response to a strike, permitted only under the following circumstances:

• Violence against people.
• Illegal occupation of the workplace.
• Absence from work that severely harms production.

In these cases, the employer may close the business with a 12-hour notice.

Effects of a Lockout

1. Suspension of the contract and salary.
2. If the closure is deemed illegal, the employer must pay owed wages and face penalties.

Conflict Resolution

Judicial Responses

Social courts are responsible for resolving collective and individual disputes following a lawsuit filed by the parties.

Extrajudicial Solutions

• Settlement: Parties meet with a third party to reach an agreement.
• Mediation: Parties choose a mediator to propose alternatives, though the parties make the final decision.
• Arbitration: Parties voluntarily submit to the decision of a third-party arbitrator (public or private).