Labour reform undermines collective bargaining system: In July, the government passed legislation (Royal-Decree Law 7/2011) seriously affecting the binding nature of collective agreements and the ability of trade union organisations to structure the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
system.
The labour reform’s most serious implications are the precedence given to company-level bargaining, overriding the agreements concluded at sectoral level between unions and employers’ associations, the imposition of mandatory arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
in the event of company adaptation, the non-application of pay rises and the deadlocks in negotiating processes.
This legislation was adopted by means of an emergency procedure and although it has legal force, the content was not debated in Parliament but simply ratified at a moment of political transition ahead of the general election. Moreover, most of its content goes against the agenda being negotiated by unions and employers to seek a joint solution to the bargaining rules.
Autonomous governments renege on commitments regarding trade union rights: The governments of various Autonomous Communities reneged on their commitments regarding trade union rights undertaken with public sector unions and the most representative unions in their Communities.
The numbers of hours and people dedicated to trade union activities were cut and the concept of the “workplace”, based on which representation rights are legally recognised, was unrealistically redefined. In addition, the institutions in charge of promoting social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
between trade unions and employers at regional level on such key issues as health and safety, social consultation on the adoption of legislation, housing, health, etc., were eliminated, under the pretext of the crisis.
The Communities where such measures were taken are Madrid, Murcia, Baleares, Castile-La Mancha and Valencia. In each case, the result is the elimination of the standards agreed to, unilateral non-compliance with commitments undertaken and a regression in the level of participation and recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
of representative activity.
The unions consider these violations to be part of the move to undermine their capacity to mobilise and respond to the social and public spending cuts being made.
Abusive minimum services: The public administration substantially reduced the right to
strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by imposing minimum services, which was set at 90% of ordinary services in some instances (as seen with the transport
strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in the Autonomous Community of Valencia). The courts are confirming the legality of the administrative resolutions based on criteria devoid of any concern for safeguarding fundamental rights, according to the unions. The right to
strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in the transport sector, for example, has been limited during holiday periods, based on the need to facilitate the free movement of tourists.
