Living and working in Spain

18 October 2017

  •   Population: 46.5 million (2017)
  •   Real GDP growth: 3.3% (2016)
  •   Unemployment rate: 19.6% (2016)

Data source: Eurostat

Eurofound provides research, data and analysis on a wide range of social and work-related topics. This information is largely comparative, but also offers country-specific information for each of the 28 EU Member States. Most information is available in English but some has been translated to facilitate access at national level.

Eurofound strives to strengthen the ongoing link between its own work and national policy debates and priorities related to quality of life and work. Increasingly important in this context is the Europe 2020 growth and jobs strategy launched in 2010, which has five headline targets, covering employment through to social inclusion and poverty reduction. The strategy is implemented in the context of the European Semester process – the EU's annual cycle of economic policy guidance and surveillance – which ensures that Member States keep their budgetary and economic policies in line with their EU commitments through, in part, National Reform Programmes. These programmes form the basis for the European Commission's proposals for country-specific recommendations (CSRs) for each Member State.

European Commission: The European Semester
European Commission: The European Semester - EU country-specific recommendations
European Commission: European Semester documents for Spain

2015 Eurofound EWCS survey results in Spain: 38% of people consider their job affecting their health negatively

Survey results

Satisfaction with quality of life
Data source: 2012 EQLS survey

Ability to choose or change
methods of work

Data source: 2015 EWCS survey

Possibility to accumulate overtime
for days off

Data source: 2013 ECS survey

News and quarterly country updates

Eurofound contacts in Spain

Correspondents in Spain

Correspondents report on topics related to developments in the countries working life and inform Eurofound’s pan-European comparative analysis. Read more

IKEI Research & Consultancy S.A.

Eurofound governing board members from Spain

Eurofound's Governing Board represents the social partners and national governments of all Member States, as well as the European Commission. Read more

Paula Bueno de Vicente Ministry of Employment and Social Security

Miguel Canales Gutiérrez Spanish Association of the Electrical Industry (UNESA)

Antonia Ramos Yuste General Union of Workers (UGT)

Related content

Other country-specific information may be available in certain areas on demand. Please feel free to contact your country contact at Eurofound for this or any other information at information@eurofound.europa.eu

Working life in Spain

About

  • Author: Jessica Duran, Mikel Muñoz-Baroja, Iñigo Isusi
  • Institution: IKEI

This profile describes the key characteristics of working life in Spain. It aims to complement other EurWORK research by providing the relevant background information on the structures, institutions and relevant regulations regarding working life. This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and individual employment relations, health and well-being, pay, working time, skills and training, and equality and non-discrimination at work. The profiles are updated annually.

Key figures

Key figures

Comparative figures on working life in Spain

 

2011

2016

% (point) change
2011–2016

Spain

EU28

Spain

EU28

Spain

EU28

GDP per capita

22900

25800

23700*

26900

3.5%

4.3%

Unemployment rate – total

21.4

9.7

19.6

8.5

-1.8

-1.2

Unemployment rate – women

21.8

9.8

21.4

8.7

-0.4

-1.1

Unemployment rate – men

21.1

9.6

18.1

8.4

-3.0

-1.2

Unemployment rate – youth

46.2

21.7

44.4

18.7

-1.8

-3.0

Employment rate – total

73.9

71.1

74.2

73.0

0.3

1.9

Employment rate – women

67.3

64.8

69.2

67.4

1.9

2.6

Employment rate – men

80.4

77.5

79.2

78.6

-1.2

1.1

Employment rate – youth

40.9

42.5

33.0

41.6

-7.9

-0.9

*provisional data

Source: Eurostat - Real GDP per capita (chain linked volumes [2010], in EUR) and percentage change 2011-2016 (both based on tsdec100). Unemployment rate by sex and age - annual average, % [une_rt_a]; Employment rate by sex and age - annual average, % [lfsi_emp_a].

Background

Background

Economic and labour market context

Between 2011 and 2016, GDP in Spain grew 3.5%; the EU average for the same period was 4.3%. Total unemployment decreased 1.8 percentage points in these five years, reaching 21.4% in 2016, when the EU average was 8.7%. Men unemployment decreased 3.0 percentage points in the five years considered. Youth unemployment remains high at 44.4% in 2016, in contract with the EU average of 18.7 for the same year. Total employment rate in 2016 was 74.2%, slightly higher than the EU average of 73.0%. Youth employment figures decreased between 2011 and 2016 (-7.9%) and stood at 33.0% in 2016, against the EU average of 41.6 for the same year.

More information on:

Legal context

The main labour code for private employees is the Statute of Workers’ Rights (1980). It also regulates collective bargaining issues (mechanisms governing coordination between different levels of collective wage setting, opt-out clauses and conditions, etc). It has been modified by different royal-decrees and laws. The last law that modified important elements was Law 3/2012 of 6 July.

The main labour code for public employees is the Basic Statute of Public Workers (Law 7/2007).

Trade union regulation and representativeness is regulated through the Organic Law of Trade Union Freedom (1985).

Industrial relations context

Industrial relations in Spain during the 1980s were affected by the political transition from a dictatorship to a democracy, as well as a process of industrial and economic modernisation in order to prepare the country for its integration into the European Community. During the first years of the transitional period (1978–1982), the unions accepted wage moderation in exchange for institutional recognition and further development of social and labour rights. In addition, it favoured some coordination and centralisation of collective bargaining. However, the structure of collective bargaining, which started to become consolidated during those years, did not achieve a great degree of centralisation, with different agreements at national, regional and local level. This structure is still present today.

From 1986 to 1997, a period of crisis in ‘social concertation’ negatively affected collective bargaining. The most important problems at this time were the lack of coordination and the poor renewal of the rounds of collective bargaining (Miguélez and Rebollo, 1999).

After 1997, social dialogue was revitalised during a period of economic and employment growth. Thus, from 1997 to 2008, different tripartite agreements were achieved. In addition, annual national agreements on collective bargaining started to be concluded by the social partners. The economic crisis that began in 2008 has strongly affected the industrial relations context. The Spanish system weathered the impact of the economic crisis relatively well in the first years, but the situation changed dramatically after 2011, when two important reforms on collective bargaining rules were enacted by the government. Both reforms seemed to accept a common diagnosis formulated by different EU and Spanish institutions, which accused Spanish collective bargaining of being too rigid, thus impeding companies from modifying working arrangements in order to adjust to shocks. The last reform approved in 2012 has affected some of the most important dimensions of the Spanish collective bargaining system (continuation of agreements beyond expiry, favourability principle, etc.).

According to FUNCAS report, 2015, the labour reform has facilitated internal flexibility concerning salaries. The report compares data regarding the ‘stayers’ (those who preserved their job during the period analysed) and the ‘movers’ (those who changed jobs and maybe also experienced periods of unemployment). The data show that between 2008 and 2013, salaries decreased much more among the movers (17% reduction) than among the stayers (1.6%). However, stayers’ incomes dropped rapidly from 2012 onwards, with 5% loss in only two years. Also in 2013, the proportion of movers working part time was 11.63%, three times higher than the rate for stayers (3.84%). Therefore, it can be concluded also that the labour reform has favoured salary flexibility, but the effects on working time flexibility have been lower.

That same report states that the reform has not contributed much to the creation of employment. In spite of a clear improvement in employment figures, the unemployment rate was still at 19.91% in the third quarter of 2016 (against 24.8% in 2012Q3 when the reform came into force). Also, according to the report, the reform has not succeeded in diminishing the duality in the labour market (permanent vs. temporary employees) or reducing employment precariousness (the proportion of temporary employees remains stable since 2012). On the contrary, working conditions – in terms of salary or working time – have tended to deteriorate, particularly for those workers who have had to change jobs (often after a period of unemployment). In that sense, an increase in salary inequality is highlighted.

Actors and institutions

Actors and institutions

Trade unions, employers’ organisations and public institutions play a key role in the governance of the employment relationship, working conditions and industrial relations structures. They are interlocking parts in a multilevel system of governance that includes European, national, sectoral, regional (provincial or local) and company levels. This section looks into the main actors and institutions and their role in Spain.

Public authorities involved in regulating working life

The main ministry dealing with social dialogue and working conditions is the Ministry of Employment and Social Security and the Employment Departments of the Autonomous Communities. These institutions are in charge of registering the collective agreements. Once a collective agreement has been concluded, the signatory parties must send the collective agreement to the public authority (the Ministry of Employment if it is national and the Employment Departments of the Autonomous Communities if it is regional) within 15 days. Prior to the registration, public authorities make sure the content of the agreement is in line with the legislation. If the collective agreement goes against the legislation, the public authority can challenge it.

The main institution ensuring the enforcement of employees’ rights is the Work Inspection and Social Security body, which does so through labour inspectorates. Labour inspectorates are in charge of monitoring working conditions, the unions’ relationships and social security duties (registration of workers for social security, contributions paid to social security and so on).

The labour inspectorates are also in charge of controlling the performance of the health and safety regulation. Its functions include, among others, validating and promoting the implementation of the health and safety regulation, assessing companies on how to apply the health and safety regulation, elaborating the reports concerning work accidents and professional diseases, suggesting penalties in cases of non-fulfilment to the Labour Administration and ordering the stoppage of work in case of danger.

Representativeness

In Spain, the concept of representativeness guarantees an erga omnes representation for both trade unions and employers’ organisations. Thus, it gives trade unions the capacity to negotiate agreements with the employers’ organisations and with the government on behalf of all the workers. The same applies to the employers’ organisations.

Through the juridical concept of ‘most representative organisations’, employers’ organisations and trade unions are entitled to conclude multiemployer collective agreements, to have institutional representation (in other words, to be a part of tripartite bodies, to be consulted by the government and to conclude social pacts) and to take part in extrajudicial systems of labour conflict resolution. Moreover, meeting the legal representativeness criterion is the basis for getting access to public funds. In addition, Spanish law recognises an intermediate category of ‘representative’ trade unions and employers’ organisations in a specific sector. Those organisations can conclude sectoral collective agreements but are not formally entitled to have institutional representation at national or regional level, nor are they entitled to receive public funds.

The main legal criterion for determining the representativeness of trade unions is based on the election results of workers’ delegates and working committee members at the workplace level (their electoral audience). Accordingly, the electoral process aiming to choose the employees’ representatives at the workplace is used to measure trade union support. The ‘most representative’ trade unions are those that cover a minimum of 10% of workers’ delegates and working committee members at national level or 15% at regional level. ‘Representative’ trade unions in a specific sector are those that cover a minimum of 10% of workers’ delegates and working committee members of the sector at national level or 15% of the sector at regional level.

For the employers’ organisations, the criterion for determining their representativeness is based on their membership. The ‘most representative’ employers’ organisations are those that cover a minimum of 10% of employers and 10% of workers at national level or 15% of employers and 15% of workers at regional level. The ‘representative’ employers’ organisations in the sector are those that cover a minimum of 10% of employers and 10% of workers in the sector at national level or 15% of employers and 15% of workers of the sector at regional level. They can also conclude sectoral collective agreements.

The most important legal texts regulating representativeness are the Statute of Workers’ Rights (1980) but modified by different royal-decrees and laws) and the Organic Law of Trade Union Freedom (1985).

More information on representativeness of the main social partner organisations can be found in Eurofound’s representativeness study of the cross-industry social partners or in Eurofound’s sectoral representativeness studies.

Trade unions

About trade union representation

According to the Organic Law of Trade Union Freedom (1985), all workers can join trade unions except members of the Spanish Forces, judges and public prosecutors.

The trend regarding trade union density has been very stable in the last number of years. In 1980, coinciding with an increase in the unemployment rate, trade union density was affected by a significant decrease that persisted until 1986. After that year, it did not manage to reach the previous rate despite a moderate increase. Since the end of the 1990s, trade union density has stabilised. Since the onset of the crisis, however, trade union density has slightly decreased according to the figures provided by the Working and Living Conditions Survey conducted by the Ministry of Employment (17.4% in 2008 compared to 16.4% in 2010). Unfortunately, the survey has not been conducted since 2010. According to OECD figures, trade union density remained stable at 17% from 2010 to 2013.

Nevertheless, in Spain the main criteria for determining union representativeness is the electoral audience, which is determined by the number of delegates and working committee members obtained in the elections. The representativeness of the most important trade unions at national level has remained stable.

Trade union membership and trade union density

 

2010

2011

2012

2013

2014

2015

2016

Source

Trade union density in terms of active employees

17%

17%

17%

17%

n.a.

n.a.

n.a.

OECD /Visser J. (2014)

Trade union membership in 1,000s

2,678

2,583

2,472

2,360

n.a.

n.a.

n.a.

OECD /Visser J. (administrative data)

Main trade union confederations and federations

The most representative unions in Spain are the Trade Union Confederation of Workers’ Commissions (Confederación Sindical de Comisiones Obreras, CCOO) and the General Workers’ Confederation (Unión General de Trabajadores, UGT), which account for more than 70% of the representatives at the national level (according to Jodar in the Labour Annual 2012).

Main trade union confederations and federations

Long name

Abbreviation

Members

Involved in collective bargaining

Trade Union Confederation of Workers’ Commissions

CCOO

909,052* (2015)

Yes

General Workers’ Confederation

UGT

928,846** (2015)

Yes

Sources: *CCOO report “Affiliation and representativeness in 31-12-2015 (Afiliación y Representación en 31-12-2015)”.
**article in Expansion newspaper.

UGT’s last congress was held in March 2016 and CCOO’s last congress was held in February 2013. Since the 1990s, the most important trade unions at national level, UGT and CCOO, have maintained a cooperative relationship. They have also maintained their representativeness.

The most important changes relate to the mergers of federations that both trade unions carried out in 2014. CCOO merged the Federation of Textile, Chemical and Related Activities (FITEQA-CCOO) into the Industry Federation (CCOO INDUSTRIA). It also merged the Federation of Commerce, Hotels and Restaurants, Tourism and Gambling (FECOHT-CCOO) with the Federation of Financial Services (COMFIA-CCOO) into the new Federation of Services. Meanwhile, in 2014, UGT merged the Federation of Transport (TCM-UGT) and the Federation of Commerce, Hotels and Restaurants, Catering Trade, Tourism and Gambling (CHTJ-UGT) into the new Federation of Services for Mobility and Consumption (SMC-UGT).

More recently, in May 2016, new federations were created within the UGT structure: Federation of Public Services employees – formed by the previous public services federation (FeSP) and education federation (FEYE) – and FICA,formed by the union of the Federation of Metal and Construction (MCA) and the Federation of Agriculture (Fitag).

For both unions, the mergers were carried out in order to combat the reduction in public financing.

Employers’ organisations

About employers’ representation

Employers’ organisations do not have a legal text that regulates their rights and obligations, like the trade unions do with the Organic Law of Trade Union Freedom (1985).

However, it is worth noting that the procedures to verify the representativeness of the employers’ organisations are not clearly established. Indeed, there is a lack of official and institutional procedures to check if the employers’ organisations that claim to be representative meet the legal requirements. In addition, there are no official publications of the affiliation figures of the employers’ organisations. As such, the only figures available are those provided by the employers’ organisations themselves.

The absence of figures on employers’ organisation membership does not mean a lack of legitimacy or social recognition of the most representative associations at national level. In fact, the ‘most representative’ employers’ organisations – the Spanish Confederation of Employers’ Organisations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) – are recognised by the employers, trade unions and government. Moreover, there are no potential competitors that can challenge their status.

The most important developments on the employer side relate to the second electoral process held within the CEOE. Elections were held on 17 December 2014 and the previous president, Juan Rosell, emerged as the winner with 52% of the votes.

Employers’ organisations – membership and density

 

2012

2013

2014

2015

2016

Source

Employers’ organisation density in terms of active employees

n.a.

36%

n.a.

n.a.

n.a.

Visser (2014)

Employers’ organisation density in private sector establishments*

n.a.

n.a.

n.a.

n.a.

n.a.

European Company Survey 2013

*Percentage of employees working in an establishment that is a member of any employers’ organisation that is involved in collective bargaining.

Main employers’ organisations

The Spanish Confederation of Employers’ Organisations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME) are the most representative employers’ organisations. There are no official publications of the affiliation figures of the employers’ organisations, but CEOE claims to represent 2 million companies and 12 million employees through its 225 federations. CEPYME does not provide figures of companies and employees.

Main employers’ organisations and confederations

Long name

Abbreviation

Members

Year

Involved in collective bargaining

Spanish Confederation of Employers’ Organisations

CEOE

2 million companies (through its federations*

2016

Yes

CEPYME

CEPYME

57 territorial federations and 49 sectoral federations**

2016

Yes

*Source: CEOE website.
**Source: CEPYME website.

Tripartite and bipartite bodies and concertation

The main tripartite body is the Spanish Social and Economic Council (Consejo Económico y Social). It is a consultative body created in 1991 that submits reports to the government before laws and royal-decrees are enacted. Moreover, it analyses and studies different elements and topics under its own initiative.The so-called Industrial Observatories operate at the sectoral level. There are 10 observatories in different industry sectors and in the construction sector. These tripartite bodies were created in 2005 in order to improve and extend the analytical information on the sectors. The aim of the observatories is to foster debate and to identify strengths and weakness in order to promote efficient industrial policies. However, their activity has dramatically decreased since the onset of the crisis, and nowadays they are practically dismantled

The most important body at bipartite level is the Interconfederal Service of Mediation and Arbitration (Servicio Interconfederal de Mediación y Arbitraje, SIMA). It is financed entirely by the state and managed autonomously by the social partners. It manages industrial conflicts by offering industrial dispute resolution mechanisms.

Finally, another tripartite body is the National Consultative Commission of Collective Agreements (Comisión Consultiva Nacional de Convenios Colectivos), created by Royal Decree 1362/2012. It is a consultative body for aspects such as proposing and determining the functional scope of collective agreements. It is also involved in monitoring collective agreements, including information, study, documentation and diffusion of them.

In Spain, tripartite and bipartite social pacts are not negotiated under any of the existing institutional bodies.

With regard to bipartite social pacts, one of the most important agreements achieved in the last few years is the ‘agreement for employment and collective bargaining’ (2012–2014). This type of agreement has a long tradition in the Spanish industrial relations. It was not a mandatory agreement and it provided guidelines on different issues, such as pay increases, that the social partners committed themselves to following in collective bargaining at different levels, thus providing some degree of coordination. At this time, the social partners are negotiating its renovation.

There were no tripartite social pacts in the period 2011–2013. Since the Popular Party took office, the most important labour market and pension reforms have been approved unilaterally. The first tripartite social pact within the Popular Party government was concluded in 2014. On 15 December 2014, the government and the most representative social partners at national level (CEOE, CEPYME, UGT and CCOO) agreed on the enactment of a new monthly unemployment benefit equal to €426 addressed to long-term unemployed who ceased being eligible for unemployment benefits and have family responsibilities (dependents). The benefit is conditional upon the participation of the beneficiaries in active labour market policies.

More recently, on 8 June 2015, social partners reached a pre-agreement on wages, in the new Third Agreement for Employment and Collective Bargaining 2015-2017. In practice, this agreement acts as a framework for the discussion of other collective agreements (for example, at sectoral or company level). It serves mainly as a recommendation and the agreement must be respected by the trade unions and employers' organisations that signed it. Thus, and far as salary conditions are concerned, this agreement provided for a 1% pay rise in 2015, going up to 1.5% in 2016. For the year 2017, the salary increase is linked to the Spanish GDP and the evolution of the economy. If inflation rises above 2.5% over the 2015–2016 period, the text provides for an automatic review. Hence, this agreement guarantees that salary increases shall mean a purchasing power increase in relation to the CPI (consumer price index).

Main tripartite and bipartite bodies

Name

Type

Level

Issues covered

Spanish Social and Economic Council

Tripartite

National

Employment and social policies – consultative body role

Industrial Observatories

Tripartite

Sectoral

Industrial policy

Interconfederal Service of Mediation and Arbitration

Bipartite

National

Manages industrial conflicts by offering industrial dispute resolution mechanisms

Workplace-level employee representation

The main bodies for workplace-level representation in the private sector are workers’ delegates and workers’ committees. In the public sector, workplace-level representation is done through the so-called ‘Juntas de Personal’.

Workers’ delegates are responsible for representing workers in establishments and workplaces with between 11 and 49 employees. There may also be a workers’ delegate in undertakings with 6 to 10 employees, provided that it is a decision reached by the majority of the employees. In undertakings with up to 30 employees there may be one workers’ delegate, and three workers’ delegates in undertakings with between 31 and 49 employees.

Workers’ committees are employee representative bodies in workplaces with a staff of 50 or more workers. In the case of companies with two or more establishments in the same province or bordering municipalities with fewer than 50 employees in each workplace but with 50 or more employees as a whole, a joint workers’ committee may be established (Article 64, TRET).

In addition, workers affiliated to a union can constitute a so-called trade union’s section within the enterprise.

Elections for workers’ delegates and workers’ committee members can be called by the most representative trade union organisations (those that have a membership of at least 10% of company representatives or employees in a workplace by majority agreement). Those who call the elections must inform the company and the public labour authorities of their intentions at least one month in advance. In addition, elections may be called at a more general level in one or several functional or territorial areas, subject to the agreement of the most representative trade unions.

According to Spanish legislation, these bodies can also exercise I&C rights and can conclude company collective agreements. In this regard, it is worth noting that a recent regulation (Royal-decree 7/2011) gave priority to the trade union’s sections over work councils in order to conclude company collective agreements.

According to the ECS, the percentage of establishments that have any form of employee representation increased from 53% in 2009 to 57% in 2013.

Regulation, composition and competences of the bodies

 

Regulation

Composition

Competences of the body

Involved in company-level collective bargaining?​

Thresholds/rules when they need to be/can be set up

Workers’ delegates/ Delegados de personal

Revised text of the Workers’ Statute – Official State Journal, 29 March 1995, no. 75/1995 (TRET)

Workers in establishments and workplaces with 11–49 employees

Yes

They are freely set up by employees. Elections can be called by the most representative trade union organisations.*

Workers’ committees/ Comités de empresa

Revised text of the Workers’ Statute – Official State Journal, 29 March 1995, no. 75/1995 (TRET)

Workers in workplaces with a staff of 50 or more workers

Yes

They are freely set up by employees. Elections can be called by the most representative trade union organisations.*

Trade union’s sections/ Secciones Sindicales

Revised text of the Workers’ Statute – Official State Journal, 29 March 1995, no. 75/1995 (TRET) (Royal-decree 7/2011)

Trade union members

Yes

Workers affiliated to a union can constitute a trade union’s section.

* According to the Law, the most representative trade unions are those that constitute 10% of workers’ delegates and members of workers’ committees at state level and 15% within the autonomous communities. Similarly, trade unions that have a membership of 10% or more of workers’ delegates and members of workers’ committees in a specific territorial and functional sphere will be considered representative within that scope.

Employee representation at establishment level

In the figure, we see a comparison between Spain and European Union for the people with 'Establishment size : All' when asked 'Official structure of employee representation present at establishment'. For the 'Yes' answer, Spain's score is higher than the European Union score. For the 'No' answer, Spain's score is lower than the European Union score. The National comparisons visualisation presents a comparative overview for the values of all answers between two selected countries.

Source: ECS 2013. Private sector establishments with more than 10 employees. Eurofound data visualisation.

Collective bargaining

Collective bargaining

Wage bargaining coverage

Spain has a high collective bargaining coverage rate. According to the European Company Survey it is close to 90%, which closely corresponds to SES data (92%). Most workers are covered by multiemployer collective agreements concluded at national, regional and provincial level. According to the Spanish Statistics of Collective Bargaining (provisional figures), company agreements covered around 7% of all the workers covered by collective agreements in 2013.

Collective wage bargaining coverage of employees at different levels

Level

 

Source

All levels

92%

2010 – SES data

All levels

98%

2013 – ECS

All, excluding national level

89%

2013 – ECS

Sources: Eurofound, European Company Survey 2013 (ECS), private sector companies with establishments >10 employees (NACE B–S) – multiple answers possible; Eurostat, Structure of Earnings Survey, companies >10 employees (NACE B–S), single answer: more than 50% of employees covered by such an agreement. For more information on the methodology, see here.

There are no official national figures on collective bargaining coverage. In previous Spanish Eurofound contributions, collective bargaining coverage has been estimated by crossing figures of the number of employees covered by collective agreements extracted from the Statistics of Collective Agreements with the figures of the Spanish Labour Force Survey. The result for 2014 (the latest year with definitive figures on collective bargaining) was 59.41% (54.41% for sectoral collective agreements and 5% for company collective agreements). However, this estimation presents some methodological problems, mostly related to problems with the statistics of collective agreements (see Eurofound’s Annual update on pay 2013: Spain). This last source collects information on all collective agreements, so it is a full register. The basic source of information derives from what is known as the ‘statistics sheet’, which is completed by the bargaining commissions once the agreement is signed. This sheet is presented along with all the necessary documentation in order to register the agreement. The source is not updated every year. Moreover, figures on the collective agreements for one year are only considered definitive in the annual publication that elaborates the figures of the collective agreements recorded until 31 May two years later. Thus, figures from 2015 will only be definitive once the figures of all the collective agreements have been recorded by 31 May 2017, the economic effects of which started in 2015.

Bargaining levels

The structure of collective bargaining has remained constant since the end of the 1990s. Since 2002 (with the exception of 2009), cross-sectoral-level agreements have only established guidelines on working time and pay that are not legally binding. With regard to the number of agreements recorded by economic activity, there is a greater preponderance of company agreements. The second most numerous are the provincial sectoral agreements, followed by the national and regional sectoral agreements. In contrast, most workers are covered by provincial sectoral agreements and national sectoral agreements.

In addition, it is worth noting that multi-tier bargaining models are quite common. Thus, in some sectors the sectoral level establishes the structure of the wage system and the lower levels establish the amount of the wages.

Levels of collective bargaining, 2015

 

National level (intersectoral)

Sectoral level

Company level

 

Wages

Working time

Wages

Working time

Wages

Working time

Principal or dominant level

   

x

x

   

Important but not dominant level

           

Existing level

       

x

x

Articulation

The mechanism governing coordination between different levels of collective wage setting was changed in 2011 by two legislative reforms implemented by the Socialist Party (PSOE) and the Popular Party (PP), respectively. Before 2011, wages agreed at the sectoral level prevailed over wages agreed at company level. As such, lower bargaining levels could only improve wage standards agreed at higher levels.

In 2011, the Socialist Party government reformed this mechanism as part of a broader reform of collective bargaining rules (Royal-decree 7/2011 of 10 June), through which it gave priority to company-level agreements over sectoral multiemployer agreements (whether national, regional or provincial) in matters such as basic pay and pay supplements. However, the law allowed social partners to establish – whether at the interprofessional level or sectoral level (regional and national) – another collective bargaining structure that could continue to prioritise the sectoral level.

In 2012, the Popular Party reformed this mechanism again as part of a deep reform of the Spanish labour market legislation (Law 3/2012). It gave priority to company-level agreements over sectoral multiemployer agreements (whether national, regional or provincial) in matters such as basic pay and pay supplements even if the social partners decide to establish an alternative collective bargaining structure.

Different articulation models of the components of wage setting were observed in the years before the new regulation came into effect. Most of them were multi-tier models. In some sectors, such as the graphic arts, the sectoral level established the structure of the wage system and the lower levels (regional and provincial sectoral level or company level) established the amount of the wages. In other sectors, such as the manufacturing of gypsum or the chemical sector, the sectoral level exclusively regulated some aspects of the wage level (mostly minimum wages linked to professional groups or categories), allowing the company level to regulate other wage elements (extra payments, etc.). These models still exist.

Timing of the bargaining rounds

In Spain, a general pattern with regard to the month or quarter of the year when collective bargaining takes place is not observed.

Coordination

‘Interprofessional agreements’ (acuerdos interprofesionales) establish the structure of the collective bargaining across sectors, at national level or at Autonomous Community level. They provide a general framework for all the collective agreements and, although every sector and/or company has its own particularities and their collective agreement is adapted to those, interprofessional agreements provide coordination for all of them. The measure is adopted via peak-level agreements between the major employers’ organisations and trade unions. These agreements establish guidelines on pay, among other aspects, which are not legally mandatory, but the social partners commit themselves to following at different levels. The last national agreement was the III Agreement for Employment and Collective Bargaining 2015, 2016 and 2017 (III Acuerdo para el Empleo y la Negociación Colectiva 2015,2016 y 2017). It includes guidelines on salary issues, negotiated flexibility and conflict resolution.

Extension mechanisms

In Spain, once they are signed, collective agreements are extended to all workers irrespective of whether or not they are affiliated to the unions that concluded the collective bargaining. The same applies to companies. This has not changed in recent years.

In Spain, collective agreements can be extended by legislation, according to article 92.2 of the Workers Statute and Royal Decree 718/2005. This is in order to avoid the damages to workers and the companies from the impossibility of subscribing a collective agreement of those contained in the 3rd Title of the Workers Statute due to the absence of parties legitimised to negotiate it. In this case, the legitimacy to request the extension relies on the social partners, and the competent institution to resolve the issue is the Ministry of Employment and Social Security (in case of a national level collective agreement or collective agreement affecting more than one Autonomous Community) or the Autonomous Community. It is a measure set by the legal framework for certain cases, and not voluntarily by all sides.

However, the previously mentioned labour reform has introduced the possibility for companies to opt out from higher collective agreements because of economic, technical or organisational circumstances. Therefore companies, under some conditions, can decide on the collective agreement extension.

Derogation mechanisms

In Spain, the opening clauses that allow derogation from collective wage bargaining were regulated in 1994 (Law 11/1994). According to this regulation, multiemployer collective agreements had to establish the conditions and procedures that allow companies to derogate from collective bargaining.

In 2010, the socialist government allowed the modification of wages stipulated in multiemployer collective agreements by means of negotiations within the company. According to law 10/2010, companies have to consult the employees’ representatives and negotiate the changes within a non-extendable period of 15 days. If they do not achieve an agreement, they will have to apply for mediation procedures established in the multiemployer collective agreements.

Finally, the latest regulation enacted by the Popular Party government (Law 3/2012) makes it easier for companies to derogate from collective agreements. It allows companies to opt out of collective bargaining if the enterprise records a drop in its revenues or sales during six consecutive months. Moreover, the law enables enterprises to modify wages on technical or organisational grounds.

Expiry of collective agreements

The continuation of collective agreements beyond expiry was one of the most important elements reformed by Law 3/2012. This law reformed the so-called ‘ultra-activity’ principle of the collective agreements, which guaranteed the continuation of a collective agreement, even after its expiry date. Its aim was to protect current working conditions even if an employer refused to sign a new agreement. However, Law 3/2012 states that the ultra-activity principle has allowed working conditions to become static and rigid, so it has reformed this principle by establishing that a collective agreement will cease to be in force one year after its completion. More specifically, it states that from 7 July 2013, all expired and unrenewed collective agreements made before 7 July 2012 will become invalid.

Nevertheless, a recent Supreme Court (rec. 264/2014) decision has annulled the reform of the ultra-activity principle. The Supreme Court has ratified the decision of the Courts of the Balearic Islands on the so-called ATESE case, in which the trade unions brought the company to court because of its decision to decrease wages once the collective agreement ceased to be in force (one year after its completion). The Supreme Court has argued that working conditions agreed in a collective agreement have a contractual juridical status and must be applied even if the collective bargaining of reference has expired, thus annulling the reform of the ultra-activity principle.

With this decision, the Supreme Court has reoriented, in part, the legislation in force regarding the previous labour relations regulation, preventing the 2012 reform from unfolding all the effects. However, this decision highlights two important issues. Firstly, it leaves open the possibility of modifying working conditions using the procedure contained in article 41 of the Statute of Workers Rights, about substantial change in working conditions (if economical, technical, organisational or productive causes are met). Secondly, this decision is not applicable to newly joined workers, because the expired collective agreement has never been applied to them. Because of this, other conditions could be applied to these workers, although new juridical problems could arise (double pay scale and its prohibition according to the jurisprudence) (Source: article in Derecho News)

Ultimately, this decision has created a great degree of juridical uncertainty in the application of the new principle of expiry.

Other aspects of working life addressed in collective agreements

The crisis has negatively affected the inclusion of working life issues in collective bargaining. As in previous crises, trade unions have tended to accept wage moderation and a reduction of workers’ rights in exchange for employment maintenance.

Industrial action and disputes

Industrial action and disputes

Legal aspects

The right to strike is regulated in Royal-decree 17/1977, the Spanish Constitution and a judgment of the Constitutional Court (11/1981).

According to the regulation, legally there are two types of industrial action: the strike (la huelga) and the lockout (cierre patronal). The strike is a collective action by workers consisting of the agreed withdrawal of their labour. It is normally directed against the employer to back up the collective bargaining process and force compliance with statutory or contractual regulations.

On the other hand, the lockout is an industrial action taken unilaterally by the employer and consisting of the total or partial cessation of production activity. The premise may be the physical closure of the company or some other action taken to prevent the performance of work. To protect the right to strike, Spanish legislation allows lockouts only when persons or property are in danger, as a policing measure. However, it is a measure rarely put into practice by employers.

In Spain, a strike can be called by the majority of employees’ representatives at the workplace, by all the employees of a company (by simple majority) and by the trade unions that are representative in a sector. The decision to call a strike must be communicated to the company and to the labour authority five days before it is to be held. For public companies, the notification period is 10 days. Finally, a strike committee made up of a maximum of 12 members must also be constituted.

During the strike, labour contracts become suspended. The right to strike is an individual right that is collectively exercised. Thus, individual workers are free to choose whether or not to participate.

The only strikes that are forbidden are political strikes, solidarity strikes and strikes that aim to challenge a collective agreement that is in force, but Spain has a tradition of these types of strikes, often taking the form of general strike (because of the prohibition).

Recently, due to the Spanish Penal Code reform (Organic Law 1/2015), a change has been introduced on the strike issue. Article 315.3 states that those acting in a group or individually, but in agreement with others, who coerce other persons to initiate or continue a strike shall be punished with imprisonment for one year and nine months up to three years or with a fine of eighteen months to twenty-four months.

Incidence of different forms of industrial action between 2010 and 2013

Work-to-rule or refusal to do overtime

 

Work stoppage or strike for less than a day

14%

Strike of a day or more

24%

Blockade or occupation

3%

Note: Percentage of private sector establishments reporting any form of industrial action during the indicated period.

Source: European Company Survey 2013.

Industrial action developments, 2012–2016

 

2012

2013

2014

2015

2016

2016 (provisional figures for January–September 2016)

Total working days lost

1,290,114

1,098,480

620,568

497,483

n.a.

257,035

Number of strikes

878

994

777

615

n.a.

466

Main reasons

Labour reasons: 825

Non-labour reasons: 53

Labour reasons: 952

Non-labour reasons: 42

Labour reasons: 682

Non-labour reasons: 95

Labour reasons: 572

Non-labour reasons: 43

n.a

Labour reasons: 454

Non-labour reasons: 12

Source: ‘Strikes developed, workers participating and days not worked, by sectoral, institutional, territorial and motivation aspects’ (Huelgas desarrolladas, trabajadores participantes y jornadas no trabajadas, por ámbitos sectorial, institucional, territorial y por motivación), Official statistics on labour conflicts from the Spanish Ministry of Employment and Social Security.

Dispute resolution mechanisms

Collective dispute resolution mechanisms

In 1996, the Agreement on the Extrajudicial Resolution of Labour Conflicts (Acuerdo de Solución Extrajudicial de Conflictos, ASEC) was concluded. It was renewed in 2012 until 2016 by the UGT, CCOO (the unions) and CEOE and CEPYME (the employers’ organisations). This agreement opened the door for the creation of the private foundation administered by the Interconfederal Service of Mediation and Arbitration (SIMA) (Servicio Interconfederal de Mediación y Arbitraje), financed entirely by the state and managed autonomously by the social partners. It provides free services, similar to those of the joint institutions of the communities.

According to the Agreement, the procedures and aspects covered include:

· The interpretation and application of a state legislation, collective agreement, agreement or pact, whatever its effectiveness, or a decision or practice of the company.

· Conflicts that arise from the negotiation of a collective agreement that entail its blockade.

· Conflicts that lead to a blockade in the negotiation, agreement or collective agreement.

· Conflicts that arise from the call for a strike or from arrangements about security and maintenance services in the event of a strike.

· Conflicts that affect several work centres of a company, group of companies, or related companies, located in different autonomous communities.

Individual dispute resolution mechanisms

In the case of individual conflicts, first there are conflicts of law, that is, conflicts that concern the interpretation of statutes or arise from collective bargaining. These conflicts can be submitted to a judicial process that will start once the suit has been presented by either party, with a compulsory attempt at conciliation in the administrative headquarters by means of conciliation bodies created through agreements reached between the trade unions and employers’ organisations.

As far as administrative conflicts are concerned, the conciliation process will be carried out in the presence of a conciliating lawyer assigned by the state, whose role will be limited to merely facilitating an understanding. He or she will refrain from making proposals. If the two parties fail to reach an agreement, they can call for institutional arbitration. Here, the parties, at their own will, submit their conflict to the decision of a person outside the Justice Administration (a civil servant lawyer who is appointed by the state and is not a judge). He or she will issue a binding award that must be abided by and will have the same effect as a ruling issued by a judge that cannot be appealed. If the process of conciliation and/or arbitration concludes without agreement, the following phase will be carried out in the social courts.

Finally, conflicts can be submitted to the social courts. These are organised according to their juridical competences at regional level (High Court) and at national level (the National Court and the Supreme Court).

The table below presents information on the number of collective conflicts managed by SIMA. During the last few years, SIMA has continuously increased the number of conflicts managed, except for the decline registered in 2014. In 2015 (the last year for which figures are available), 35 more conflicts were managed than in 2014. Although only a few arbitration procedures were implemented, this procedure still exists and most conflicts are treated through the mediation procedure. For instance, in 2015 no arbitration mechanisms were implemented.

Use of collective dispute resolution mechanisms

 

2012

2013

2014

2015

Total

348

537

387

422

Mediation

348

532

383

422

Arbitration

0

5

4

0

Source: Evolution of conflicts managed by SIMA (1998–2015) (Evolución de conflictos tramitados en el SIMA (1998 to 2015)) Interconfederal Service of Mediation and Arbitration, SIMA.

Individual employment relations

Individual employment relations

Individual employment relations are the relationship between the individual worker and their employer. This relationship is shaped by legal regulation and by the outcomes of social partner negotiations over the terms and conditions governing the employment relationship. This section looks into the start and termination of the employment relationship and entitlements and obligations in Spain.

Start and termination of the employment relationship

Requirements regarding an employment contract

The minimum working age for starting an employment relationship is 16 years. Once the employment contract is signed, the company must tell the Public Employment Service the conditions of the contract and send a copy of it no more than 10 days later. Another copy of the contract must be submitted to the employees’ representatives at the workplace.

Dismissal and termination procedures

Employers are required to notify their workforce of planned redundancies 15 days in advance. This applies for both collective and individual redundancies. This notice period applies to all the employees irrespective of their tenure. In 2010, the notice period was reduced from one month to two weeks by Royal-Decree Law 10/2010. The Spanish economy appears to be more flexible now than the average OECD countries in this area, since average notice periods in OECD countries are 3.5 weeks for workers with 9 months’ tenure at the time of dismissal, 1.3 months for workers with 4 years’ tenure and 2.7 months for workers with 20 years’ tenure at the time of dismissal.

In the event of collective dismissal (more than five employees if the whole workforce is affected; at least 10 employees in companies with fewer than 100 employees; 10% of the employees in companies with 100–300 employees; and 30 employees in companies with more than 299 employees), legislation requires that employees are paid a minimum legal compensation of 20 days’ pay for each year of service, up to a maximum of 12 months’ pay.

In the event of individual unfair dismissal of an employee who has an open-ended contract, legislation requires that employees are paid a minimum legal compensation of 33 days’ pay for each year of service, up to a maximum of 24 months’ pay.

In the event of individual fair dismissal, legislation requires that employees are paid a minimum legal compensation of 20 days’ pay for each year of service, up to maximum of 12 months’ pay.

In enterprises with fewer than 25 employees, the Public Fund of Wage Warranty (Fondo de Garantía Salarial) will pay 40% of the legal indemnification of employees in collective redundancies.

Severance pay for temporary contracts was modified by Royal-Decree 10/2010, which established that as of 1 January 2015, severance pay will increase annually by one day per year of service, from the eight days per year of service paid in 2010 to 12 days. Accordingly, in 2014 severance pay for temporary contracts was 11 days per year worked. If the employer dismisses the temporary worker before his or her contract expires, severance pay will be equal to 33 days’ pay for each year of service, up to maximum of 24 months’ pay.

On this subject, a polemical decision was pronounced by the European Court of Justice (ECJ) in September 2016 (C-596/14). Under Spanish Law, permanent employees get 20 days per worked year as severance pay, whereas temporary workers get 12 days when they are laid off, and temporary substitutes (interinos in Spanish) do not get any compensation. In a judgment issued on 14 September 2016, the European Court of Justice established that temporary substitutes also have the right to receive severance pay, and that the amount received by temporary workers and permanent workers should not be different because of the type of their contracts, on the legal grounds of the Framework Agreement on fixed-term work (Annex of the Council Directive 1999/70/EC).

This sentence has created great uncertainty on the subject in Spain, because according to the Court decision, both temporary workers and temporary substitutes should have the same compensation as the rest of the employees (20 days, up to maximum of 12 months’ pay).

Currently, the Spanish regulation is still the same (no severance pay for temporary substitutes), although more similar cases have reached the ECJ and the Spanish High Court and are awaiting sentence. It seems that the legislator will wait until these pending cases are resolved, in order to regulate the issue based on a more consolidated jurisprudence. So, in future the repercussions of the ECJ decision remain to be seen.

See also further information on unemployment benefit provisions in Spain.

Entitlements and obligations

Parental, maternity and paternity leave

In Spain, maternity leave gives mothers the right to take 6 weeks of paid leave after the birth plus 10 weeks that can be shared between the mother and father. These 10 weeks can be taken full time and part time.

Law 3/2007 for the effective equality between men and women introduced an individual right to paternity leave equal to 13 days, irrespective of the mother’s right to maternity leave. Social Security statistics show that from 2007 to September 2016, more than two million workers availed of tise entitlement. From 2014 to 2015, a slight increase in the use of this right was observed, from 235,678 in 2014 to 238,806 in 2015.

Statutory leave arrangements

Maternity leave

Maximum duration

6 weeks after the birth + 10 weeks that can be taken by the father or the mother.

Reimbursement

100% of the regulatory base

Who pays?

Social Security (Seguridad Social)

Legal basis

Law 4/1995, Law 3/2007

Parental leave

Maximum duration

16 weeks that can be extended to 18 weeks in the case of the birth or the adoption of a child with disabilities. A minimum of 6 weeks must be taken after the birth by the mother. The following 10 weeks can be shared between the mother and father.

Reimbursement

100% of the regulatory base

Who pays?

Social Security (Seguridad Social)

Legal basis

Law 4/1995, Law 3/2007

Paternity leave

Maximum duration

13 calendar days (20 days in the case of disabled children). Fathers can take this leave irrespective of the mother’s right to maternity leave.

Reimbursement

100% of the regulatory base

Who pays?

Social Security (Seguridad Social)

Legal basis

Law 3/2007, Law 9/2009, Royal Decree 295/2009

Recently, in mid-December 2016, the new Spanish government (formed in October 2016 after the June 2016 elections) announced that paternity leave would be extended from 13 days to 4 weeks duration. This measure is part of the governing pact between the Popular Party (the leading party in the government) and Ciudadanos (who supported the Popular Party to designate Mr Mariano Rajoy as prime minister). This new measure was fixed by Law 9/2009, but due to financial constraints, the different Spanish Budget Laws have been postponing this measure year after year (the last one was by the 11th Final Disposition of the Law 48/2015). Finally, it came into force on 1 January 2017, based on the current extended Budget Law and the Spanish Social Security.

Sick leave

In order to be eligible for sick leave, the employee must have contributed to the Social Security for 180 days during the five years prior to the date of leave in case of common illness. In case of a labour accident, no contribution period is required.

The benefit amount payable is determined on the basis of contributions that are established according to salaries. For the first three days of a common illness, the employee will not receive any benefit. Between the fourth day and the twentieth day, the replacement rate is 60% of the regulatory base. After the twentieth day, the replacement rate is 75% of the regulatory base. In case of a labour accident, the replacement rate is 75% of the regulatory base from the first day.

Retirement age

The retirement age was increased in 2011 (Law 27/2011) from 65 to 67 years of age. This postponement is being applied progressively between 2013 and 2027, increasing by one month per year until 2018, then by two months per year from 2019 to 2027. Workers are able to retire at the age of 65 years and benefit from maximum pension rights if the contributions they have paid to the Social Security amount to 38 years and 6 months.

The period of contribution that is taken to determine the regulatory basis of the pension has risen from 15 to 25 years. This rise is being applied gradually, increasing by one year from 2013 to 2022.

Women who have interrupted their careers as a consequence of a birth or adoption will be able to claim 9 months of contributions per child before the age of 67 years, up to a maximum of 2 years.

Pay

Pay

Pay: For workers, the reward for work and main source of income; for employers, a cost of production and focus of bargaining and legislation. This section looks into minimum wage setting in Spain and guides the reader to further material on collective wage bargaining.

Minimum wages

The determination of the minimum wage is regulated in Article 27.1 of the Statute of Workers’ Rights. It establishes that the minimum wage will be determined by taking the following four factors into consideration:

  • the annual consumer prices index (Índice de Precios al Consumo);
  • the national productivity average;
  • the contribution of labour to the gross national income;
  • the general economic context.

However, it is does not set out how every factor will be taken into consideration.

Royal-decree 1,046/2013 that regulated the minimum wage in 2013 points out that once the four factors have been taken into consideration, the minimum wage will be frozen. As on previous occasions, the royal-decree does not specify how the four factors have been weighted in order to determine the minimum wage.

More recently, in December 2016 the Government unilaterally, between 2016 and 2017, increased the minimum wage by 8% [Royal Decree 3/2016], so that the monthly minimum wage in 2017 is €707.60. In annual terms, the minimum wage is €9,906.4 distributed in 14 salaries (including two extra salaries), not 12.

The amount of the minimum wage in 2012–2017 was as follows:

  • 2012: €641.40
  • 2013: €645.30
  • 2014: €645.30
  • 2015: €648.60
  • 2016: €655.20
  • 2017: €707.60

For more information regarding the level and development of minimum wages, please see Eurofound’s topical update on statutory minimum wage in the EU 2017 or visit Eurostat.

Collectively agreed pay outcomes

For more detailed information on the most recent outcomes in terms of collectively agreed pay, please consult Eurofound’s collectively wage bargaining portal.

Working time

Working time

Working time: ‘Any period during which the worker is working, at the employer’s disposal and carrying out his activities or duties, in accordance with national laws and/or practice’ (Directive 2003/88/EC). This section briefly summarises regulation and issues regarding working time, overtime, part-time work as well as working time flexibility in Spain.

Working time regulation

In Spain, working time is set up by law and collective bargaining. The law provides basic standards that must be respected by all the collective agreements with regard to maximum working hours per day, rest periods and annual paid leave. Collective bargaining regulates the distribution of working time but respects the statutory legal provisions.

For more detailed information on working time (including annual leave, statutory and collectively agreed working time), please consult Eurofound’s report on Working time developments in the 21st century: Work duration and its regulation.

Overtime regulation

The statutory maximum working day is established by law at 9 hours (unless the social partners have agreed on a different number, and except for workers younger than 18 years, who cannot work more than 8 hours per day). The statutory maximum working day can be changed by means of collective bargaining up to a maximum of 80 extra hours distributed throughout the year.

Part-time work

In Spain, the percentage of part-time workers has traditionally been low – it was 12% before the crisis (2007) and reached 14.9% in 2016. The percentage of women working part time is higher (23.9% in 2016), albeit lower than the European average of 31.4% for the same year. Although the number of men working part time has slightly increased in the last few years, differences between sexes are still very pronounced. However, the most important feature of part-time work in Spain at this time is its relationship with precariousness. Working part time is mainly an involuntary decision in Spain and this has been exacerbated by the crisis. According to the Spanish Labour Force Survey , in the third quarter of 2016, 61.3% of the employees who work part time wanted to have a full-time job compared to 33% in 2008.

Persons employed part-time in Spain and EU28 (% of total employment)

 

2011

2012

2013

2014

2015

2016

Total - EU28

18.2

18.6

19.0

19.0

19.0

18.9

Total – ES

13.2

14.2

15.5

15.6

15.5

14.9

Women - EU28

31.0

31.4

31.8

31.7

31.5

31.4

Women – ES

22.6

23.7

25.0

25.3

24.9

23.9

Men - EU28

7.4

7.7

8.1

8.2

8.2

8.2

Men - ES

5.6

6.3

7.5

7.5

7.6

7.4

Source: Eurostat Labour Force Survey [lfsi_pt_a] – Persons employed part-time (20 to 64 years of age) – total and by sex.

Night work

The work done between 22.00 and 06.00 is considered to be night work. A night worker is a person who normally works during the night period no less than 3 hours of his or her work day, as well as a person who foresees that no less than one third of his or her annual working day will be done during the night period (Source: the Statute of Workers’ Rights).

Shift work

Shift work is considered to be all kinds of teamwork organisation, in which workers take up successively the same work positions, according to a certain pace of work– continuous or discontinuous – implying for the worker the need to offer his or her services in different hours over a given period of days or weeks (Source: the Statute of Workers’ Rights).

Weekend work

In the Spanish labour legislation there is no provision for weekend work. A similar figure in the legislation is work during the rest days (Descanso semanal) (Source: the Statute of Workers’ Rights).

Rest and breaks

Rest and breaks terms are defined as periods of time when the worker is not obliged to provide their services to the employer. Workers have the right to rest days, which can be accumulated in periods up to 14 days, of a day and a half uninterrupted. As a general rule, it involves Saturday afternoon, or Monday morning, and the entire day of Sunday. Also, there is the right to have a break for 15 minutes if 6 uninterrupted hours are worked during the day.

The government, on the proposal of the Minister of Employment and Social Security and having previously consulted the most relevant trade unions and employers’ organisations, can establish extensions and reductions in the duration of the work day and rests, for those sectors and services that because of their particularities demand it. (Source: the Statute of Workers’ Rights)

Working time flexibility

Working time flexibility is regulated by collective bargaining or individual contracts under the limits established by the law. According to the Spanish legislation, 10% of the annual working time can be distributed irregularly throughout the year, thus increasing the maximum working hours (40 hours) in some weeks. In addition, overtime can be compensated with rest.

Do you have fixed start and finishing time in your work?

In the figure, we see a comparison between Spain and European Union for the workers with 'Age : All' when asked 'Do you have fixed starting and finishing times in your work?'. For the 'No' answer, Spain's score is lower than the European Union score. For the 'Yes' answer, Spain's score is higher than the European Union score. Data is based on question 39d from the sixth "European Working Conditions Survey (2015)The National comparisons visualisation presents a comparative overview for the values of all answers between two selected countries.

Source: European Working conditions survey 2015.

Health and well-being

Health and well-being

Maintaining health and well-being should be high-priority for workers and employers alike. Health is an asset closely associated with a person’s quality of life and longevity, as well as their ability to work. A healthy economy depends on a healthy workforce; organisations lose productivity through ill-health of their workers. This section looks into psychosocial risks and health and safety in Spain.

Health and safety at work

According to Eurostat figures on accidents at work (see the table below), Spain has improved health and safety at work over the last few years. The number of accidents has continuously decreased since 2009. The most pronounced drop in the number of accidents was recorded in 2009 and 2013. Unfortunately, in 2014, a small increase in the number of accidents was recorded.

Accidents at work, with four days’ absence or more – working days lost

 

2008

2009

2010

2011

2012

2013

2014

All accidents

590,989

441,616

401,386

363,510

281,045

273,983

287,809

Percentage change on previous year

-

-25.3

-9.1

-9.4

-22.7

-2.5

5.0

Per 1,000 employees

35.1

27.8

25.8

23.6

19.3

19.5

20.2

Source: Eurostat, [hsw_mi01] and [lfsa_eegaed]

Psychosocial risks

Spain does not have specific legislation on psychosocial risks. However, Law 31/1995, which transposed the Health and Safety at Work Framework Council Directive 89/391 to Spanish law, makes some references to these risks. For instance, Article 4.7.d. states that the organisation and management can affect the magnitude of the risks the workers are exposed to. There are other provisions related to psychosocial risks too, such as the duty to adapt the job to the person (Article 15.1.d) and the need to implement prevention actions in a coherent plan that integrates technology, work organisation, working conditions, social relations and the influence of environmental factors at work (Article 15.1.g). The Labour and Social Security Inspectorate is in charge of enforcing these provisions.

More recently, the Spanish Strategy for Health and Safety at Work 2015-2020 (Estrategia Española de Seguridad y Salud en el Trabajo 2015-2020) includes the objective of promoting the participation of social partners and Autonomous Communities, and improving working and health conditions at work, especially in sectors, activities, collectives and companies with higher risk. More precisely, it includes developing and disseminating methodologies of psychosocial risks evaluation, which could lead to a better understanding and prevention of those risks.

Work intensity: Do you have enough time to get the job done?

In the figure, we see a comparison between Spain and European Union for the workers with 'Age : All' when asked 'Do you have enough time to get the job done?'. For the 'Always or most of the time' answer, Spain's score is higher than the European Union score. For the 'Rarely or never' answer, Spain's score is lower than the European Union score. For the 'Sometimes' answer, Spain's score is higher than the European Union score. Data is based on question 61g from the sixth European Working Conditions Survey (2015). The National comparisons visualisation presents a comparative overview for the values of all answers between two selected countries.

Source: Eurofound’s European Working Conditions Survey 2015.

More detailed figures are available from Eurofound’s European Working conditions survey.

Skills, learning and employability

Skills, learning and employability

Skills are the passport to employment; the better skilled an individual, the more employable they are. Good skills also tend to secure better-quality jobs and better earnings. This section briefly summarises the Spanish system for ensuring skills and employability and looks into the extent of training.

National system for ensuring skills and employability

Since the Organic Law 5/2002 of 19 June on qualifications and vocational education and training was approved, the main mechanism to identify and define vocational qualifications for both the Initial Vocational Education and Training system (IVET) and the Continuing Vocational Education and Training system (CVET) is the National Catalogue of Professional Qualifications (CNCP). The General Council on Vocational Education and Training (CGFP), together with the technical body, the National Institute of Vocational Qualifications (INCUAL), are in charge of identifying and updating the qualifications of the CNCP. They follow a demand-driven approach that aims to identify the most significant qualifications needed in the productive system.

The methodology for developing the standards is rather participative. It involves employers, trade unions and administrations at both the central and regional levels and works as follows. Professional qualifications are designed by working groups comprised of experts in the professional field and in vocational training. There are 26 working groups (one working group for each professional group). The working groups are proposed by the General Council on Vocational Education and Training (CGFP) and are directed by the INCUAL. The working group’s first task is to design and describe the unit of competence. The unit of competence is the minimum aggregate of competences that can be recognised. Units of competences are expressed as professional outcomes. Then the unit of competence is associated with a training module that includes learning outcomes and assessment criteria. Once the unit of competences and learning modules have been established, the INCUAL classifies and controls the outcomes. After that, the Council of Ministers can approve the qualification to be included in the CNCP after consulting with the CGFP, the Scholar State Council and the ministry affected. Qualifications must be updated at least every five years.

Training

The main national public institutions responsible for training regulation and development are the General Council on Vocational Education and Training (CGFP), the National Institute of Vocational Qualifications (INCUAL) and the State Foundation of Training for Employment (Fundae), former Tripartite Foundation of Training for Employment (Tripartita).

On 23 March 2015, the Royal Decree-Act reformed the Vocational Training System, in order to gain efficiency and transparency in the management of public resources, and established Fundae, the State Foundation for Employment Training (Fundación Tripartita para la Formación en el Empleo). Nowadays, the presence of social partners is smaller than before, as employers’ organisations and trade unions are no longer the principal training providers, and do not directly manage training programmes (for that purpose, they are now under the same conditions as other private training centres). However, social partners do take part in the design and planning of training programmes.

The composition of the foundation’s patronage has also changed, in that now the proportion of public administration representative members is higher: the state has 36 seats, Autonomous Communities 18 (one each) and social partners only 18 (representative unions 9 and main employers’ organisations 9).

Training: Have you had any on the job training in the past year?

In the figure, we see a comparison between Spain and European Union for the workers with 'Age : All' when asked 'Have you had on-the-job training in the last 12 months?'. For the 'No' answer, Spain's score is higher than the European Union score. For the 'Yes' answer, Spain's score is lower than the European Union score. Data is based on question 65c from the sixth "European Working Conditions Survey (2015). The National comparisons visualisation presents a comparative overview for the values of all answers between two selected countries.

Source: Eurofound’s European Working Conditions Survey 2015.

More detailed figures are available from Eurofound’s European Working conditions survey.

Work organisation

Work organisation

Work organisation underpins economic and business development and has important consequences for productivity, innovation and working conditions. Eurofound research finds that some types of work organisation are associated with a better quality of work and employment. Therefore, developing or introducing different forms of work organisation are of particular interest because of the expected effect on productivity, efficiency and competitiveness of companies, as well as on workers’ working conditions. Ongoing research by Eurofound, based on EurWORK, the European Working Conditions Survey and the European Company Survey, monitors developments in work organisation.

For Spain, the European Company Survey 2013 shows that between 2010 and 2013, 49.4% of establishments with 10 or more employees reported changes in the use of technology, 40.9% introduced changes in ways to coordinate and allocate the work to workers and another 27.6% saw changes in their working time arrangements.

The Working and Living Conditions Survey (Encuesta de Calidad de Vida en el Trabajo, ECVT) conducted by the Ministry of Employment in 2010 (the last year in which it was conducted) provides some information on work organisation and job satisfaction, but unfortunately it is not very recent.

In general, this survey, carried out in a relatively early stage of the crisis, shows that Spanish workers record positive ratings with regard to subjective indicators on job satisfaction. For instance, on a scale of 0 to 10, employees rate personal development at 7.6, 7.5 for autonomy and 7.2 for motivation. However, according to this same source, 38% of employees had a high or very high level of monotonous routine in their work tasks, 31% had a mid-level of monotony and 30.5% had a low or very low level of monotonous routine in their work tasks.

The contrast between subjective and objective factors related to job quality in Spain has been stressed by some authors (Prieto et al, 2009) who have called for multidimensional approaches to measure job quality.

In February 2015, the Ministry of Employment and Social Security published the Annual Labour Survey (Encuesta Anual Laboral) on the basis of 2013 data. Among other results, this survey highlights that 27% of the surveyed companies applied internal flexibility measures. The percentage of companies which made use of internal flexibility measures has tripled, compared to the year 2012. At the same time, 46.1% of employees were working in companies which applied internal flexibility measures over the year 2013. Normally, the use of this type of measures is more frequent in larger companies (57% of the companies with more than 500 workers applied these measures). Flexibility is mainly related to working time and salaries. In particular, 17.6% of the companies which applied internal flexibility measures adapted to some extent working time, whereas 8% of the companies modified the type of working time. Almost 7% of companies have changed the wage system or the wage amount.

Work organisation: Are you able to choose or change your methods of work?

In the figure, we see a comparison between Spain and European Union for the workers with 'Age : All' when asked 'Are you able to choose or change your methods of work?'. For the 'No' answer, Spain's score is higher than the European Union score. For the 'Yes' answer, Spain's score is lower than the European Union score. Data is based on question 54b from the sixth "European Working Conditions Survey (2015). The National comparisons visualisation presents a comparative overview for the values of all answers between two selected countries.

Source: Eurofound’s European Working Conditions Survey 2015.

More detailed figures are available from Eurofound’s European Working Conditions Survey.

 

Equality and non-discrimination at work

Equality and non-discrimination at work

Article 4.2 of the Statute of Workers’ Rights formally acknowledges the right not to be discriminated against at work due to sex, civil status, social origin, race, religious or political ideas, affiliation to a trade union or by reason of language.

Law 14/2003 on the treatment of migration in Spain acknowledges as indirect discrimination the adoption of criteria that discriminate against a worker due to his or her nationality, religion, ethnicity or race.

Law 3/2007 on effective equality between men and women established that gender be mainstreamed in public policies in order to achieve effective equality in all areas of economic, social, cultural and political life.

Employees’ representatives at the workplace are responsible for ensuring equality at work.

Equal pay and gender pay gap

The main bodies ensuring equal pay for equal work are labour inspectors and employees’ representatives at the workplace.

The observed gender pay gap (unadjusted) declined in the years previous to the crisis. There was a recorded a drop from 22% in 2002 to 16% in 2008. However, since the onset of the crisis it has risen again; it was recorded at 18% in 2012. Research conducted by Murillo and Simon (2011) shows the same trend after 2008. According to them, the main factors that explain the new increase in the gender pay gap relate to the improvement of men’s wages due to the employment destruction in relatively low-wage sectors and the increase of the ‘glass ceiling’ effect.

The most important legislative initiative aimed at combating gender pay discrimination was the Organic Law 3/2007, for Effective Equality between Women and Men. One of its main contributions directly affecting pay discrimination was the obligation to companies with over 250 workers to draw up and apply equality plans, which have to contain measures dealing with professional classification, promotion and training, and payroll retributions, among other issues.

An interesting social partner initiative is the Observatory of Measures and Equality Plans in Collective Bargaining, a body created by the General Workers Union (Unión General de Trabajadores, UGT) and financed by the European Social Fund and the Women’s Institute. This body publishes reports analysing how equality is treated in collective bargaining and in the equality plans. The last report was for 2013.

The Institute of Women, together with the Spanish Statistical Office (INE), publishes the report Women and Men in Spain (Mujeres y Hombres en España), which uses a group of indicators to review the situation of women in different aspects of society, including the labour market. The last report compiling all the data on the subject was issued in 2015, although more recent statistics are available.

Quota regulations

Organic Law 3/200 for Effective Equality between Women and Men introduced a quota regulation for electoral lists. Since 2007, a minimum of 40% people of each sex must be included in all the electoral lists for municipalities with a population higher than 5,000.

With regard to disadvantaged groups, Law 13/1982 regulated a quota of 2% of disabled workers in private and public companies with more than 50 employees. However, Royal-decree 364/2005 introduced some exceptions and provides alternative measures that companies can implement if they cannot hire a disabled worker.

Bibliography

Bibliography

Miguélez, F. and Rebollo, O. (1999), ‘Negociación Colectiva en los noventa’, in F. Miguélez and C. Prieto (eds), Las relacíones de empleo en Espania, pp. 325-346. Madrid: Siglo veintiuno.

Nonell, R., Alós-Moner, R., Martín, A. and Molins, J. (2006), ‘The governability of collective bargaining: The case of Spain’, Transfer, Vol. 12, No. 3, pp. 349–367.

Pireto, C., Arnal, M., Caprile, M. and Potrony, J. (2009), La calidad del empleo: Una aproximación teórica y empírica, Ministerio de Trabajo e Inmigración. Madrid.

Royo, S. (2007), ‘Varieties of capitalism in Spain: Business and the politics of coordination’, European Journal of Industrial Relations, Vol. 13, No. 1, pp. 47–65.

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