Law 33/2008 of 18 December, qualified trade union rights since the General Council at its session of 18 December 2008 approved the following: law 33/2008 of 18 December, qualified trade union rights preamble article 18 of the Andorran Constitution establishes and recognizes the right of creation and functioning of democratic trade union organizations , of Andorra, with its own autonomy and without foreign organic dependencies. This article is in the third chapter of title II of the Supreme rule. As a result, has the legal consideration of law directly applicable in accordance with the fee fixing article of the Constitution, binds the public authorities, and, in addition, its contents are protected by the courts and cannot be limited by law.

On the other hand, the law of associations, of 29 December 2000, in the second additional provision, relates to the provision of article 18 of the Constitution with regard to the adoption of a specific legislation in the area of business, professional associations and trade unions.

Therefore, the law of freedom of Association develops the constitutional provision and it constitutes a novelty in the legislation of the Principality. The Trade Union culture of our country is in a nascent stage, but as you have been creating trade union organizations has found the need for a bill that, without limiting the right of syndication, in need of content and given a legal trade union organizations. This is your main goal, without leaving of side the guarantee of a wide range of autonomy in the trade union organizations set up under article 18 of the Constitution.

The chapter first contains the definition and the content of the right to trade union freedom, the delimitation of the active subjects of this law, that is to say, the workers of the right holders referred to in this law, and the statement of the rights of trade union organizations.

In the second chapter will define the requirements for the establishment of trade unions and the minimum content of its statutes, and the regulation of the registration of Trade Union Organizations, start-ups.

The third chapter defines the responsibilities of trade union organizations.

The fourth chapter is dedicated to the trade union representation, in its dual role of general and special representation, depending on whether the percentage of delegates referred to the Group of companies of the Principality, or a branch of activity in particular. Likewise, collected the benefits that brings to the unions most representative status.

In the last, fifth chapter refers to the Trade Union action, with express mention of the rights of trade union representatives and affiliates unions in the workplace, among which there are raise quotas among affiliates as a means of financing the trade union organization, notwithstanding that the State will guarantee the use and enjoyment of a headquarters for the exercise of their functions to the unions that they have considered the most representative. Other aspects of capital importance are the prohibition of discrimination on grounds of membership of a trade union organization in accordance with the provisions of the Convention 98 of the International Labour Organization and the jurisdictional protection of rights defined in this law.

Chapter first. Trade union rights Article 1 syndication Law 1. All workers have the right to establish trade union organizations of their choice, in order to protect, promote and defend their economic and social interests, and also to join or separate it freely, in accordance with the statutes of these organizations.

2. For the purposes of this Act are deemed to be workers of both those who are subjects of an employment relationship as they are of a statutory or administrative nature in the service of the public administrations. However, self-employed workers who do not have workers at your service and the workers who have ceased in their activity due to their incapacity for work or retirement, may join the trade union organisations constituted in accordance with the provisions of this law, but can not set up trade unions which have the objective of the protection of their unique interests without prejudice to its ability to form associations, in accordance with the specific legislation.

3. The exercise of the right of syndication on the part of members of the police force, Prison Body, body for the prevention and extinction of fire and rescue, as well as other special bodies that can be created in the future, must be governed by its specific regulations.

4. The batlles, magistrates and public prosecutors may not belong to any trade union.

Article 2 freedom of syndication workers are free to join the trade union organization they want, with the only condition to respect the statutes, and also are free to be separated from any organization to which they are affiliated. No one can be forced to join a Union.

Article 3 Freedom Union Union organizations have the right to: a) draft their bylaws, which in any case must respect the law of associations, as well as the rules of operation, and to organize its internal management and administration, and its activities and its programme of action.

b) Constitute federations, confederations and affiliate to international organizations or to withdraw it.

c trade union activity and to Exercise) on the outside of the company, including the right to collective bargaining in the terms provided for in the code of labour relations.

d) not be suspended nor disbanded without a firm resolution of the judicial authority.

Article 4 regulations applicable trade union organizations are governed: a) To this law and the rest of the specific regulations applicable, in particular the law of associations, of 29 December 2000.

b) to the regulations issued in implementation of this law.

c) By its statutes.

d) By validly adopted by their governing bodies.

Second chapter. Constitution of trade union organizations Article 5 Constitution and Founding Act of trade union organizations to constitute a trade union organization will require the agreement of at least three workers who have expressed the desire to establish and give yourself a few articles which express the rules of organization and functioning of the organization.

People who want to set up a trade union organization must be of legal age: in Andorran nationality).


b) foreign nationals legally resident in Andorra for a minimum period of two years.

Children under the age of 18 may not be chosen by the executive bodies of the organization.

Article 6 statutory statutory rules rules regulating at least: a) the name of the Organization, which cannot match or induce confusion with another registered legally, or consist of the mere mention of a territory, or in a generic expression of common use or in the employment of concepts or expressions of other people, nor does it include expressions contrary to the law or to the honour and other people's rights.

b) The domicile and the scope of territorial and functional performance of the Union.

c) the bodies of representation, Government and administration and its operation, as well as the effective provision of their charges, they must conform to democratic principles.

of) the requirements and procedures for the acquisition and loss of the affiliate, and also the modification of the statutes, merger and dissolution of the Union.

e) the economic regime of the Organization, which should establish the character, the origin and the destination of its resources, as well as the media that allow affiliates to know the economic situation and the obligation to have sufficient financing based on the payment of obligatory fees for affiliates.

Article 7 registration of Trade Union Organizations for the purpose of ensuring publicity of trade union organisations, will create a register of Trade Union Organizations dependent on the Government. The entry in the register has declarative character and is done for the purposes of advertising. The Organization and operation have been regulated by the regulations.

Article 8 procedure of registration and publicity of the register 1. The deposit of the statutes of the trade union organizations is made in the register of Trade Union Organizations.

2. To process your registration, trade unions must submit to the Office of the registry the public deed of Constitution of the Union protocol·litzada, the articles signed by the founding members, and the certification of the designation of the people who occupy the positions of direction, issued by the Secretary or the person who has assigned equivalent functions.

3. once deposited, the person in charge of the registry, within a period of ten working days, made public the deposit of the statutes or, if this is the case, urged the developers to fix the defects observed, and for this purpose a new period of ten days.

4. After this period, the registry of Trade Union Organizations do the articles of association or reject the deposit by means of resolution based.

5. The registration of Trade Union Organizations made public the deposit of the statutes in the official bulletin of the Principality of Andorra, indicating at least the name, the territorial and functional, and the identity of the promoters and the signatories of the Act of Constitution of the Union.

6. The deposit of the statutes and their advertising in the official bulletin of the Principality of Andorra are free.

7. Any person is empowered to examine the register of Trade Union Organizations the articles deposited and you can get a genuine copy.

8. The public authorities and those who can prove a direct, personal and legitimate interest can promote before the judicial authority, the Declaration of non-compliance to the right of the articles subject to deposit and publicity.

9. The modification of the statutes of the trade union organizations must conform to the same procedure and regulated advertising in this article.

Article 9 Acts which can be registered 1. The trade union organizations registered must submit the following documents to the register, certified by the Secretary or the equivalent organ: a) the modification of the statutes, including the head office.

b) the cessation and appointment of officials of his governing statutory managers.

c) assignments and property acquisitions.

d) dissolution agreements or, in general, the events that give rise to its dissolution.

e) any other document that establishes this law or another.

2. The acts which can be registered can only be opposed to third parties and produce them against effects from the moment of their registration.

Third chapter. The responsibility of the trade union organisations Article 10 general Provision on liability the unions constituted under the protection of this law respond and are held responsible for acts or resolutions adopted by their statutory bodies in the field of their respective competencies.

The trade union organizations do not respond by individual acts of their affiliates except if they occur in the regular exercise of the functions of representative or will test that affiliates acted on behalf of the Union.

Article 11 Seizure of Union dues Union dues may not be subject to seizure.

The fourth chapter. Trade Union representativeness Representativeness Article 12 general 1. The most recognized trade union representation to certain trade unions are giving a unique legal position for the purpose of institutional participation and Trade Union action.

2. Are considered "most representative trade union" those who have a minimum of 10% of the delegates in the overall calculation.

3. trade union organizations that are considered "most representative trade union", according to the previous section, have the right to: a) Exercise institutional representation before the public administrations or other entities and agencies.

b) to participate in collective bargaining in the terms provided for in the code of labour relations.

c) get government subsidies for the deployment of their activities, in proportion to the number of delegates that have affiliates and who have obtained the charge in accordance with the provisions in the labour relations Code. In any case, these grants may not exceed the limit of 50% of what they raised for payments of their affiliates during the previous year.

Article 13 special powers which Representation the unions have limited its scope to a functional branch of labour activity, public or private, are considered "the most representative trade unions" when with a minimum of 50% of delegates corresponding to the total number of companies in the same branch of activity.

These organizations have the rights set forth in the previous article.

Chapter five. The Trade Union action Article 14 Rights of workers affiliated to a trade union The workers affiliated to a trade union may, within the scope of the staff of the company or the centre of work:


in) to make meetings with the prior consent of the employer, raise fees and distributing Trade Union information outside of working hours, without disrupting the normal activity of the company.

b) Receive the information you are sending your Trade Union.

Article 15 rights of representatives 1. The people who elected them in the most representative trade union organizations have the right to: a) the permissions necessary for the deployment of the unpaid Trade Union functions of the Office, who may be subject to limitations depending on the needs of the normal operation of the company.

b) forced, or an equivalent in the field of the public function, under the same conditions that leave to exercise of public office, in accordance with article 42 of the code of labour relations.

c) assistance and access to the workplace to participate in activities of its trade union or the workers ' group, with the prior consent of the employer and without the exercise of this right can disrupt the normal development of the production process, and without harming the security of the company or the confidentiality of information that affect the productive or commercial process.

Article 16 Discrimination Are null and without effect the regulatory provisions, clauses in collective agreements, individual agreements and unilateral decisions by the employer that contain or imply any kind of discrimination in employment or in working conditions, whether they are favorable as if they are adverse for reason of membership or non-membership in a Trade Union, to their agreements or to the exercise of trade union activities.

Article 17 the jurisdictional Supervision every person or Union worker who considers injured his rights to the freedom Union, for performance by the employer, employers ' Association, public administration or any other person, entity or public or private corporation, may request the protection of the right in front of the competent jurisdiction through the process of jurisdictional protection of the fundamental rights of the person.

First additional provision in accordance with articles 12 and 13, the Union interested has to communicate the status of "most representative trade union" at the moment to exercise the corresponding powers or functions, providing the appropriate certificate issued upon request to the public office established to this effect.

The status of most representative Union may only be recognized, for the first four years of validity of the law, when they have held elections in more than 25% of companies which, in accordance with the code of labour relations, have taken place. From the fourth year, to prove the conclusion of elections in more than 50% of the same companies.

Second additional provision On regulation of the registration of Trade Union Organizations to which refers article 7 must be approved by the Government in the period of three months from the publication of this law.

Final provision the law will come into force within three months of being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, December 18, 2008, Joan Gabriel i Estany Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra