l7 reduced

conitutional recognition

• collective bargaining is recognised consitutionally in spain

• the main roovision is article 37.1 spanish consitution

• recgonises the right to collective bargaining between workers rep and employers reps

• recognises the binding fce o collective agreements

this means collective agreements are legally enforceable and must be repected

is it. fundamental right

• collective bargaining has consitutional recgonition but it is not classified as a fundamental right

  • it can be devloped through ordinary legislation

  • it does not recieve the highest consitutional protection

• the consitutional protection of bargaining is estbalished through article 53.1ce= the government cannot eliminate/empty the right

  • all public auhtorities are bound by it

  • it may only be regulated by law

  • its essntil content must always e respected

• this is different from fundamental rights which require

  • stronger consotitona guanrantee snad

  • stricter protection mechanisms

relationship etween cb and trade union freedom

• collective abrgaining is considered a manifestation of collective autonomy

• when trade unions excercise collective bargaining they are excercising part of the consitutional right to trade union freedomunder art 28.

• this means unions negoitate as part of their constitutional role

• collective argaining is closely linked to freedom of assocation and union act

cba

a cba is

• a writtrn agreement

• negotiated between workers reps and employers/employers associations

• created to regulate working conditions within a certain scope

its main purposes are

• regulat labour conditions collectively

  • instead of every worker negotiating indovidually there conditions

• balacning bargaining power

  • workers indidually are weeker than employers so collective negotiations improves equality

• improve labour stanards

  • cbas often improve conditions beyond the statuatory minimums ie minimum wage

• avoid constant indidual negotiation

  • creates standard rules for everyone

• creates stability and predictability

  • employers and workers know the applicable rules in advance

• adapt state law rules

  • allow conditions to be adapted to specific sectors, specific professions, specific companie

strucuture

cbas are decentralised and dispersed

• thris creates more bargaining units

• overlaping bargaining levels

• a dense network of agreements

horizontal divisions= different sectors negotiate seperately

• hospitality v banking v transport v construction

vertical divisons= different terriroial/organisational levels

• national v regional v provincal v company level

manifestations

the workers sttaute regulates one importan form of collective bargaining

• statuatory collective agreements under title 3 et

but collective bagining also appears through

• non stat collect agreement

• mandatory negotiated documents (work place plans an ssytems required by law )

stat agreements

a stat agreement is

• a written agreement

• negotiated according to the et title 3

• intended to regulate working conditions generally within a certain scope

it is considered an autonomois source of law with professional origin=

• the rules are created by social partners themselves (workers and employers reps) not directly imposed by the state

• autonomous= the parties regulate themselves

• professional origin= rules come from the professional/labour spehere

power in stat agreements

statagreements give regulatory powers to workers and employers

• dispersed power

  • bargaining occurs in many units

  • there is no single central authority

• shared power

  • neither sode can impose rules unilaterally

  • rules must be jointly agreed upon for creation

• negotiated power

  • the agreement is based on exchanges compromise and trade offs

  • deadlocks can occur because both sides must cooperate

dual nature of stat

stat agreement have a dual nature= a norm with the appareance of a contract and the soul of law

• contractual nature= negotiated agreements between parties

  • normally contracts only bind the parties who sign them

• legal/normative nature= function like legal rules and bind third parties

  • bind all workers and employers within their scope

  • not just affecting signatories like contracts

• therefore stat agreements are both contracts and legal norms= dual nature

relevant articles of the et

82.1 et= created by neogtiation

• collective agreements come from neogtiation

• parties create their own labour rules

• workers + employers (collective autonomy )

82.2et= what they regulate

• regulate working conditions

• regulate productivity issues

82.3et= bidning force

• everyone isnide the scope must obey

  • all works and employers

• applies during its valdiity period

85.1et= what is included

• everything affecting employement

  • economic

  • labour

  • trade union

  • employement relations