COLLECTIVE BARGAINING PRACTICES IN MEMBER

STATES WITH A LOW LABOR UNION PARTICIPATION

RATE. EXAMPLE: SPAIN

MARIANO HOYA CALLOSA UGT Spain Vice Secretary General for Union Action

CONSTITUTIONAL SUPPORT FOR TRADE UNIONS IN

SPAIN The Spanish Constitution gives recognition and importance to trade unions as "basic

organisations for the defence and promotion of economic and social interests".

This constitutional backing, through various articles of the Magna Carta, solidly builds:

- The right to strike and trade-union freedom.

- The participation of trade unions in "Social Security and in public bodies whose

function affects the quality of life or general welfare".

Trade unions are key players in the construction and development of the Spanish

democratic state and the rule of law, through:

-The Social Dialogue

-Collective Bargaining

COLLECTIVE BARGAINING COVERAGE OF 94% OF

TOTAL WORKFORCEThe trade union membership rate in Spain is 14%. The main reasons for this rate of

trade union membership are as follows:

o The structure of the Spanish business fabric: 97% of Spanish companies are SMEs,

with micro-enterprises accounting for 94% of the total of 3,417,000 companies

(data from January 2020).

o The high rate of precariousness (temporary and part-time) in our labour market,

24.7%, 11.1 points above the European average of 13.6% (Eurostat data,

December 2020).

- However, data from the fourth "European Company Survey" show that in Spain 94%

of workers are covered by a collective bargaining agreement, the highest

coverage figure in the EU. This is a consequence of the support and legitimacy

provided by our system, with elements such as trade union elections, as well as full

recognition as social partners.

CURRENT SITUATION: COVID-19 CRISIS

Our constitutional recognition has served to transform society. During these 43 years of the

development of the Spanish Democratic Rule of Law, as essential social partners, present in

all political and social impulses in Spain and key in the solution of crises, such as the current

Covid-19 crisis.

The Social Dialogue during the Covid-19 pandemic has been essential to sustain the

economy, employment and social protection in Spain.

For example:

• In March 2020 the first agreement of the ERTES was reached and materialised in the

"Social Agreement in defence of Employment" signed with the Spanish government

presidency, in May 2020. (Currently the negotiation of the fifth extension of this

agreement is being prepared).

• Many other agreements have been signed on the protection of the unemployed, the

self-employed and universal social protection (minimum living income, evictions, social

security rights, etc.).

SPANISH STATUS QUO

1. Low trade union membership has low effect/impact on collective

bargaining agreement negotiation on the broad picture.

2. Spain union membership runs at 14%.

3. Still, data from “Fourth European Company Survey” show that Spain

has a 94% coverage of employees covered by a collective

agreement.

4. This is amount highest within E.U.

5. This is a positive consequence of our system and “Social partners”

behaviour.

SPANISH STATUS QUO

1. :

Source : fourth European Company Survey 2019.

SPANISH CBA BASICS

MAIN BASIC RULE:

“THERE IS ALWAYS A COLLECTIVE BARGAINING AGREEMENT THAT APPLIES

TO ALL CONTRACTS AND ACTIVITES”.

1. This is mainly due to Sector CBAs.

2. There may be exceptions (representing 6% as stated before)

SPANISH LABOR LAW HIERARCHY

Local

and

professional practice

Individual employment agreement

Collective bargaining agreements (CBA)

Labor laws

INDIVIDUAL CONTRACTS HAVE TO RESPECT CBA CONTENTS.

SPANISH CBA BASIC TYPES

CBA

Company

Sector/ activity

(I.E. chemical industry, metal industry etc.)

Interprofessionalagreements

Specific groups within a company

SPANISH SYSTEM. CURRENT CBA HIERARCHY

Company

Sector/ Local

Sector/ Province or Interprovince

Regional

Country

Note: There are exceptions on different

matters reserved to

determined levels.

SPANISH CBA SYSTEM. CURRENT STRUGGLE

➢ The prevalence on relevant matters is being revised.

➢ In 2012 the Conservative Party, drastically reformed collective labor laws.:

• Changed rules to increase prevalence of Company CBAs.

• Limited automatic extension to expired CBAs

• Allowed for temporarily avoidance of application of CBAs through an

agreement with employees legally elected representatives.

• Reduced the redundancy cost and eased out the procedures.

SPANISH CBA SYSTEM. CURRENT STRUGGLE II

UGT is currently negotiating and pressuring the actual progressive

government to dismantle the 2012 reform:

a. Return to sector CBA prevalence. In essence union and employees

representation is stronger in a broader picture represented by sector

CBAs.

b. Recover automatic extensions of CBAs.

c. Recover previous redundancy protection.

CONCLUSSIONS

• Regardless of the result of the current negotiations, the CBA system in

Spain does provide coverage to a vast majority of employees.

• The low union membership is not a limitation for this.

• UGT will continue to pursue a return to the situation prior to the

conservative 2012 Labor Reform specially on CBA matters, to assure maximum level of dialogue and protections for employees.

THANK YOU FOR YOUR ATTENTION

MARIANO HOYA CALLOSA

UGT Spain Vice Secretary General for Union Action

Spain