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COUNTRY: Spain
TITLE OF THE PACT: Interconfederal Agreement on
Collective Bargaining (Acuerdo Interconfederal sobre
Negociación Colectiva-AINC)
PERIOD: April 1997 (for a total of four years, either party
may request the renewal of the agreement six months before its
expiry)
SIGNATORY PARTIES: Employers organisations (CEOE and its
small and medium enterprise affiliate, CEPYME) and workers’
organisations (CC.OO. and UGT)
GOALS OF THE PACT: Rationalising and simplifying collective
bargaining structures, whilst preserving the autonomy of the
bargaining parties at all levels. Halt any tendency towards the
deregulation of collective bargaining
BACKGROUND:
- System of collective bargaining is unnecessarily complex, often
with the same provisions being agreed at different levels
- Lack of coordination of the existing structure: lower level
bargains can override virtually any aspect of higher level of
bargains
- Some 5,000 agreements are negotiated each year
MATTERS AGREED:
- Pay structures are worked out to a greater extent at a more local
level, within the framework set by the collectively agreed basic
salary structure. The criteria used when working out salary
structures must be more clearly defined
- The appropriate level of collective agreement for setting maximum
daily working time, rest breaks and holiday entitlement is the
national sectoral collective agreement. More detailed provisions
on the organization of working time can then be worked out at a
local
level
- Collective bargaining is the appropriate means of establishing
workforce information and consultation provisions. However,
sectoral collective bargaining may determine and regulate a range
of topics: regular provision of information to employee
representatives concerning the economic situation of the sector
of the area covered by the agreement; provision of information,
consultation and negotiation with employee representatives prior
to any changes within the company which affect the workforce
(lay-offs, workforce restructuring, mergers) and the introduction
of systems aimed at organising or monitoring work carried out
in the company; devising information systems and procedures to follow
in the event of dismissals for objective reasons
- Sectoral collective agreements are best placed to develop and
refine existing legal provisions relating to health and safety
at the workplace. Any new provisions in this area must be enshrined
in
a collective agreement at a more local level, preferably at the
company level
IMPACT:
- Actual change in the structure of collective bargaining has been
slow in coming
- Sectoral agreements implementing the changes have been reached
in only a few sectors (metal working sector, chemical sector)
FOLLOW-UP AND MONITORING SYSTEMS:
- Establishment of a bipartite health and safety commission at
sectoral level. The commission would oversee the negotiation
of agreements in this area and monitor the application of legal
health
and safety provisions.
- Establishment of a bipartite commission made up of employer an
employee representatives responsible with monitoring the
application of the agreement
BIBLIOGRAPHY:
Miguel Martinez Lucio: “Spain in the 1990s: Strategic
Concertation” in S. Berger and H. Compston (ed.): Policy
Concertation and Social Partnership in Western Europe (New York
and Oxford, Bergham Books) pp.265-277
Sofía A. Perez: “Social Pacts in Spain” in G.
Fajertag and P. Rochet (ed.): Social pacts in Europe: New
Dynamics, (ETUI, OSE) pp. 343-363
“Social partners agree further labour market reform” in
European Industrial Relations Review, May 1997, No 280
“New Labour market reform” in European Industrial
Relations Review, April 2001, No 327
FULL TEXT OF THE AGREEMENT:
http://www.ccoo.es/Publicaciones/DocSindicales/ac_Negoci.htm
Updated by MB. Approved by PD. Last Updated 21 May 2003.
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