Spanish Labor Law: Unions and Collective Bargaining

Freedom of Association and Trade Unions

Freedom of association is a fundamental right recognized by the Spanish Constitution. A union is an organization that aims to defend and promote the professional interests of its members.

Representative Duties and Trade Union Levels

There are different levels of representation for trade unions:

• Trade unions at the national level.
• Trade unions at the regional level.
• Sufficiently representative unions.

Worker Representation Pathways

Worker representation is implemented through two specific pathways:

• Unitary representation: Workers are entitled to participate in the company through their representatives. This represents the entire workforce through staff delegates and staff committees.
• Union representation: Unions, whether affiliated or not, have a right to participate in the company.

Competences of Representatives

The law attributes specific rights and duties to workers' representatives:

• Receive information.
• Issue reports.
• Negotiate and agree on terms.
• Monitor and control compliance.
• Participate and collaborate in company matters.

Guarantees for Workers' Representatives

The law provides several safeguards for representatives:

• Priority and protection against sanctions or layoffs.
• Non-discrimination in economic or professional development.
• Freedom of expression.
• Opening of a contradictory record in case of sanctions.
• Priority to remain in the company during transfers or layoffs.

Union Representation Rights

• Hold meetings with prior notification.
• Receive information from the union.
• Participate in collective bargaining.
• Access to a notice board at the work center.

Union delegate: A representative of a trade union section within a workplace council for companies with more than 250 employees.

Collective Bargaining and Agreement Types

Collective bargaining is the dialogue between representatives of workers and employers to achieve specific targets.

Types of Agreements

• Framework agreements.
• Collective agreements.
• Business agreements.

Content of the Convention

• Validity and duration.
• Scope of application.
• Report of the agreement.
• Joint commission.
• Wage escape (disassociation) clause.

Collective Conflict: Strikes and Lockouts

A collective conflict is a dispute between workers and employers arising from the claims of a significant group of employees. The types are:

• Legal or Law-based: Regarding the interpretation of a rule.
• Economic or Interest-based: Regarding the modification of working conditions.

The Strike

A strike is the suspension of work carried out collectively and concertedly by workers to defend their interests.

Procedure:

• Agreement by legitimized parties.
• Declaration of the strike.
• Creation of a strike committee.
• Fixing of minimum services.

The Lockout

A lockout is the closure of the workplace by the employer in case of an illegal strike or other irregularities. Reasons include:

• Risk of violence to persons or serious damage to property.
• Illegal occupation or workplace hazards.
• Non-attendance or irregularities that prevent production.

Labor Conflict Resolution Pathways

There are two main paths for resolution:

• Judiciary: Social courts and tribunals.
• Extrajudicial: Negotiation, mediation, arbitration, and conciliation.