In mid-2001, the Spanish government launched talks with the social partners over a reform of the collective bargaining system. It aims to legislate to introduce changes such as an increased role for company-level bargaining. The social partners are divided over any reform of the system.
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In mid-2001, the Spanish government launched talks with the social partners over a reform of the collective bargaining system. It aims to legislate to introduce changes such as an increased role for company-level bargaining. The social partners are divided over any reform of the system.
In early summer 2001, the government held meetings with the social partners to consult them on a reform of collective bargaining. The government considers that, in order to reduce labour costs, collective bargaining should concentrate mainly on company agreements, and that sectoral agreements should deal only with "structural aspects". It also wishes to reform the principle of "ultractividad" (literally "ultra-activity") whereby, if there is no agreement to the contrary, the provisions negotiated in a collective agreement continue to apply indefinitely. The aim is to stimulate employers and trade unions to negotiate more effectively rather than to "start from scratch".
Following the consultations with the social partners. the government intends to use legislation to introduce reforms in this area, as it did with the recent reform of the labour market in March 2001 (ES0103237F). The aim of the Ministry of Labour is to reform collective bargaining through measures to be contained in the 2002 state budget "accompanying law". It will try to adapt bargaining to the needs of companies and to eliminate "positions of advantage" that may be an impediment to bargaining.
The Spanish Confederation of Employers' Organisations (Confederación Española de Organizaciones Empresariales, CEOE) and the Spanish Confederation of Small and Medium-sized Enterprises (Confederación Española de la Pequeña y Mediana Empresa, CEPYME) consider that collective agreements must give priority to "obligations" rather than "regulations". They are also in favour of limiting the "ultra-activity" principle. They propose a framework in which certain subjects are reserved for particular bargaining level. Thus, subjects agreed at national level could not be renegotiated at lower levels. However, they recognise the autonomy of the parties and the specific nature of each bargaining process, and would therefore like to give a greater role to the company level. This would lead to greater flexibility in working time, pay structures (with a higher proportion of variable pay) and job classification.
The Trade Union Confederation of Workers' Commissions (Comisiones Obreras, CC.OO) and the General Workers' Confederation (Unión General de Trabajadores, UGT) want to support and reinforce collective bargaining through an updating of the April 1997 intersectoral agreement on collective bargaining (ES9706211F).
CC.OO states that the key points which need to be discussed are: participation in work organisation; European bargaining through the setting up of European Works Councils; changing the structure of bargaining in line with the new structure of business (such as the increasing number of groups of companies or the effects of privatisation); and increasing the scope of collective bargaining and the content of social dialogue and concertation.
For CC.OO, there are - as laid down in the 1997 intersectoral agreement - subjects that should be negotiated at a general level. Thus, the basic aspects of a sector's employment conditions should be regulated by a single collective agreement applicable nationwide, while specific aspects (such as occupational categories and groups, or health and safety at work) should be negotiated at company level. Company agreements should be articulated with sectoral agreements in order to rationalise collective bargaining. The legitimacy of the bargaining parties should be regulated, while respecting their autonomy. Furthermore, information, consultation and bargaining rights should be enabled and exercised, and bargaining should be encouraged without questioning the "ultra-activity" of agreements. CC.OO recommends that a collective bargaining observatory should be set up and that greater powers should be given to the National Consultative Commission on Collective Agreements (Comisión Consultiva Nacional de Convenios Colectivos).
After a tripartite meeting on the reform of collective bargaining, UGT claimed that the government wishes to overturn the 1997 intersectoral agreement on collective bargaining, concluded freely by the employers and the unions. It believes that the autonomy of the bargaining parties and the principles of the 1997 agreement must be defended. It considers the government's initiative to be interventionist because it is seeking to legislate with or without the agreement of the social partners. UGT has stated its aim to: reinforce collective bargaining; make it more effective; extend the application of collective agreements; and ensure that agreements are respected until the end of their period of validity.
Eurofound recommends citing this publication in the following way.
Eurofound (2001), Government seeks reform of collective bargaining, article.
