1. COLLECTIVE BARGAINING IN SPAIN. GENERAL CONSIDERATIONS

2. Spanish model of collective bargaining
Company Agreements
Sectorial Agreements
(local – regional - State)
Framework Agreeements
Interconfederal Agreements
Legislation
Collective bargaining is a citizenship right covered by the Constitution and the “Estatuto de los Trabajadores” law.
”Interconfederal” Agreements between the main general employers’ organizations and trade unions that serves to coordinate the general rules in “sensible” issues: wages, equality policies, etc. They are general recommendations.
Framework Agreements regulate in a more specific way some strategic issues like professional classification or training, not in all sectors. In the Commerce sector the specific Framework Agreement is called AMAC. In hospitality, it’s called ALEH (recent “riders” regulation).
Sectorial collective agreements in the state-regional-local (province) levels. The levels are complementary and work “like in a waterfall”.
Company agreeements level. Since the 2012 laboral reform it has legal priority over the sectorial ones.
85% workforce is covered by collective agreements

3. WHO CAN NEGOTIATE? There’s a double way In the company level:
Works Councils or shop stewards
Unions representing them
In both cases the power to bargain and sign agreements is legal if they are the majority of worker’s representation

4. WHO CAN NEGOTIATE? (2) In the sectorial level:
Unions considered legally as “more representative”
That means having at least 10% of representativeness in the sectorial or geographical scope
The employers’ associations representing the 10% minimum and have 10% workers employed in the sector

5. BASIC COLLECTIVE BARGAINING RULES
Obligation to negotiate in good faith, but not obligation to agree
Overall efficiency (no matter if you’re a member of a union or not)
“Ultra-activity” of the agreement: validity of contents while negotiating, reduced in the 2012 laboral reform
The contents are minimum application (less than this it’s illegal)
Once the agreement is signed it supposes a tacit clause of social peace for the agreed issues