JOHN CARLOS I,

KING OF SPAIN

To all who present it and understand

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

EXPLANATORY STATEMENT

One of the fundamental legal principles underlying the current system of industrial relations in Spain is the content of article 28, 1, of the Spanish Constitution of 1978, which recognizes the right to freedom. trade union as a fundamental right of "all to be freely stated".

In our constitutional order, the power to act in guardianship and in defense of the collective interests of the workers is attributed to the subjects themselves protagonists of the conflict, as an expression of their position of freedom and by choosing, in the exercise of their own autonomy, the means most congruent with that purpose.

Recognized the right to free trade union as a fundamental right of the Spanish, it is their connection with the express recognition that Article 7 of the Constitution makes to the trade unions of workers and business associations as organizations that "contribute to the defense and promotion of the economic and social interests that are of their own" and to the constitutional imperative that " their creation and the exercise of their activity are free within the respect for the Constitution and the Law ", with the precision that" its internal structure and its functioning must be democratic. "

The right to freedom of association, generically expressed, for all Spaniards, both in their positive aspect-the right to free trade union-, as a negative-right to non-union-as well as the express recognition Article 7 of the Constitution requires a legal development that has its justification and is accepted in Article 9. º 2 of the Constitution, which states that " it is up to the public authorities to promote the conditions so that the freedom and equality of the individual and the groups in which he is integrated is real and effective; removing obstacles that impede or hinder its fullness and facilitate the participation of all citizens in political, economic, cultural and social life. " Legislative development to be carried out, in accordance with the constitutional provisions themselves, through the application of Articles 53 and 81, which state that " only by law, which must in any event respect its essential content, may the exercise of such rights and freedoms "," recognised in Chapter II of this Title "(Article 53, 1) and" are organic laws relating to the development of fundamental rights and public freedoms " (Article 81, 1).

It is thus imperative to develop Article 28, 1, of the Constitution by means of an Organic Law, the scope of which requires the second final provision, coming to fulfill this mandate the current Organic Law of Freedom. Union.

The Organic Law aims to systematically unify the precedents and enable progressive and progressive development of the essential content of the right of free syndication recognized in the Constitution, giving a treatment unified in a single legal text including the exercise of the right of association of civil servants referred to in Article 103, 3, of the Constitution and without other limits than those expressly introduced therein.

Does not deal with the bill to develop the right to free trade unions by understanding that it is enough in this respect, in relation to the legislative development of Article 28.1, of the Spanish Constitution, constitutionalize and maintain the full validity of the provisions of the business association by Law 19/1977, of April 1.

Title I, under the heading "Of Trade Union Freedom," regulates the subjective and objective areas of the Law.

The subjective scope of the law is fixed, including all employees, whether or not they are public administrations. Only members of the Military Armed Forces and Institutes, as well as the Judges, Magistrates and Prosecutors, are exempt from the exercise of the right, while they are in active duty; the exception that follows on the basis of the literality of Article 28, 1, and Article 127, 1, of the Constitution. Reference is made to a rule specific to the regulation of the law of the Armed Security Forces and Armed Institutes.

Article 2 sets out the content of the right of free syndication on two levels: the content of the free trade union of workers, positive and negative, and the content of the freedom of association of workers. trade union organizations or workers ' unions in terms that the law uses as synonyms. In this precept, the most progressive international doctrine on the content, independence and freedom of action of the trade unions is fully collected.

Title II, under the heading "Of the trade union legal regime", regulates the acquisition of legal personality of the trade unions and the regime of responsibilities.

The procedure for the acquisition of legal personality of the organizations and the judicial control of a possible non-conformity to the Statutes is regulated. The formal requirements are minima and internationally accepted; the only administrative control is the purely formal and the statutory deposit for advertising purposes, this article having to be meshed with the final disposition first in which the competence for the deposit of the statutes of the trade unions corresponds to the IMAC or the Governing Bodies of the Autonomous Communities that have attributed this competence.

The regime of trade union responsibilities is also regulated, declaring the imembargability of union quotas.

Title III, under the heading "Of union representativeness", regulates the concept of the most representative trade union and its representative capacity.

Articles 6 and 7. º delimit the concept of the most representative trade union based on the criteria of the union audience, measured by the electoral results in the unitary representation bodies in the workplace, This is a traditional criterion already in our system and has been examined by the Constitutional Court, which admits it as a reserve of the legislator. The concept combines the legal recognition of the highest representativeness with respect to Article 14 of the Constitution, the objectivity and reasonableness of the minimum hearing required: 10 per 100 at the state level and 15 per 100 at the level of In this area, a minimum of 1,500 representatives will be introduced in this area, in order to respect the principle of equality which could be broken with only the percentage reference, taking into account heterogeneity and differences in population. salaried and civil servants between the different Autonomous Communities of the State.

Perhaps the established percentage seems to be small, but the aim is to open up the legislation as much as possible to trade union pluralism, by encouraging it, through the three levels of greater representativeness that are designed by Articles 6 and 6. 7. the Law, priming the principle of equality on what could be a reasonable criterion of reducing through the Law the union atomization, evolution that is left to the free play of the union forces with presence in the relations of job.

Article 6 (3), with a very broad view, reflects the representative capacity that in the various aspects it is necessary to recognize the most representative trade unions as a vehicle for the democratization of industrial relations in the Article 7 (2), and Article 129 of the Constitution, thus developing articles 7. º, 9. º, 2, and 129 of the Constitution.

Title IV, under the heading "Of the trade union action", comes to collect with normative character the competences, faculties and guarantees that in this matter were introduced in Spain for the first time through the Framework Agreement Interconffederal.

It is important to highlight the content of Article 11, which introduces with the rank of Organic Law in our country what has been called "negotiation canon"; in principle one could think that this matter should be regulated systematically in Title III of the Staff Regulations, taking into account the specific reference made to collective bargaining; however, taking into account the specific trade union purpose of the concept, it does not seem doubtful that the the introduction of such a measure affects the content of Article 28 (1) of the Constitution; and is, therefore, matter of Organic Law. The constitutionality of the precept, common in the Western order, is not doubtful as to the development of Article 28.1 of the Constitution, in so far as its objective is to strengthen the trade union movement and, therefore, it is consistent with the Article 9 (2) of the Constitution, without it being able to seriously sustain that the adoption of this measure, by another non-imperative part and that in any event must be the result of a free and voluntary negotiation, affects or may affect the content essential of other fundamental or civic rights recognized in the Constitution, since, in all Case, workers ' willingness is required.

Title V, under the heading "Of the protection of trade union freedom and repression of anti-union conduct", regulates the important subject of jurisdictional guarantees against possible harmful or contrary to the right conduct Constitutionally protected and the legal development that is made in the Law.

Prior to the declaration of a radical nullity of any conduct of the employer, be it businessman or public administrations, the Law collects the most progressive modern doctrine and of our Constitutional Court in this matter, which in It is a summary of the specific trade union legitimation of the trade unions against the individual acts of an employer, even if they do not directly affect the legal personality of the employer; trade unions as interveners and ensure the effectiveness of protection by means of Preferential and summary procedural mechanism connected with possible criminal liability.

The additional provision first takes on two aspects complementary to Title III of the Law, but which for systematic reasons should not be included in the article itself.

Point 1 sets the period of computation of the electoral results to be considered for the purpose of specifying the minimum representativeness and union audience contained in Articles 6, 2, and 7. This is a question of covering the current legal vacuum with regard to the additional sixth provision of the Workers ' Statute and which has resulted in considerable difficulties in the electoral process of the years 1981 and 1982. In the imperative determination of a short period (three months), on the one hand, it has tended to establish a rationality in the process that will make the overall results possible for the period of projection of the representativeness to emerge. of these results, and on the other hand, it has been taken into account that, in practice, 90 per 100 of the electoral processes are concentrated in a period of three months (so it happened in 1982), especially when the election of representatives in the centers It is connected with the representativeness of the trade unions. This decision is accompanied by a liberalisation in the specific call for each period, which should be taken in the representative body of the Institute for Mediation, Arbitration and Conciliation (IMAC) (Superior Council) or, where appropriate, any another body in which the trade unions are represented for these purposes.

Point 2 enables the Government to develop the institutional participation of trade unions, making an express reference to the additional sixth provision of the Workers ' Statute, which will be repealed in part. by the entry into force of this Organic Law, but which retains its validity in relation to the institutional participation of the business organizations. At this same point, a minimum duration of four years is fixed in the recognition of the representative capacity of trade unions and employers ' organisations which are recognised, thus covering another important legal vacuum and in terms of concordant with the extension of the representative mandates of the Committees of Enterprise and delegates of staff, which is included in the second provision, and in the draft Law for the Reform of Title II of the Workers ' Statute.

The second provision in point 1 provides for the duration of the representative mandate of the employees ' representatives in the workplace, setting it up to four years. This provision amends Article 67 of the Staff Regulations and is in line with the draft reform of Title II, for which reason it may seem superfluous; however, it is necessary to introduce it not so long as it is necessary. the Workers 'Statute, but because this rule does not cover the term of office of workers' representatives in the work centres of public administrations, and this is also the reason why the workers ' representatives are not in a position to In point 2 of this additional provision, the Government is authorised to make a number of provisions In the case of the European Parliament, the Council of the European Union is to be called upon to give the necessary support to the European Parliament and to the Council. It should be recalled that the substantive nature of this representation (representative bodies, representatives ' functions, guarantees, etc.) are not contained in this Law, as it is understood as a matter of the Staff Regulations under the Article 103 of the Constitution.

The final provision first establishes the validation of the legal personality of the current trade unions, as well as the continuity of the IMAC as a Public Office of Registration and Deposit of Statutes.

ORGANIC LAW OF TRADE UNION FREEDOM

TITLE FIRST

Of Trade Union Freedom

Article first.

1. All workers have the right to freely sindicate themselves for the promotion and defence of their economic and social interests.

2. For the purposes of this Law, workers are considered to be both those who are subject to an employment relationship and those who are subject to a relationship of an administrative or statutory nature in the service of public administrations.

3. The members of the Armed Forces and the Armed Forces of the Military are exempt from this right.

4. In accordance with the provisions of Article 127.1 of the Constitution, Judges, Magistrates and Prosecutors may not belong to any union while they are active.

5. The exercise of the right of association of members of the Corps and Security Forces that do not have a military character shall be governed by their specific regulations, given the armed nature and the hierarchical organization of these Institutes.

Article 2.

1. Trade union freedom understands:

(a) The right to establish trade unions without prior authorization, as well as the right to suspend or terminate them, by democratic procedures.

(b) The worker's right to join the union of his or her choice on the sole condition of observing the statutes of the union or to be separated from the one who was affiliated, and no one being obliged to join a trade union.

c) The right of affiliates to freely choose their representatives within each union.

d) The right to union activity.

2. Trade union organisations in the exercise of trade union freedom are entitled to:

a) Compose your statutes and regulations, organize your internal administration and activities and formulate your action program.

b) Constituency, confederations and international organizations, as well as join and withdraw from them.

(c) Not to be suspended or dissolved but by a firm resolution of the Judicial Authority, founded in serious breach of the Laws.

(d) The exercise of union activity in or outside the company, which shall in any event include the right to collective bargaining, the exercise of the right to strike, the approach of individual and collective conflicts and to the submission of candidates for the election of the Committees of Enterprise and Delegates of Personnel, and of the corresponding organs of the Public Administrations, in the terms provided for in the corresponding rules.

Third item.

1. By way of derogation from Article 1 (2), self-employed persons who do not have workers at their service, workers who are unemployed and those who have ceased their employment, as a result of their incapacity or retirement, may to join the trade union organisations formed in accordance with the provisions of this Law, but not to establish trade unions which have precisely as their object the protection of their individual interests, without prejudice to their capacity to constitute associations under the specific legislation.

2. Those who hold managerial or representation positions in the union in which they are affiliated may not, at the same time, perform in public administrations positions of free designation of category of Director General or assimilated, as well as any other top rank.

TITLE II

From the trade union legal regime

Article 4.

1. The unions constituted under this Law, to acquire the legal personality and full capacity to act, must deposit, through their promoters or leaders their statutes in the public office established to the effect.

2. Statutory rules shall contain at least:

(a) The name of the organization which may not coincide or mislead with another legally registered.

b) The address and territorial and functional scope of union action.

(c) The organs of representation, government and administration and their functioning, as well as the regime of elective provision of their posts, which shall be in accordance with democratic principles.

d) The requirements and procedures for the acquisition and loss of the status of affiliates, as well as the regime of modification of statutes, merger and dissolution of the union.

e) The economic regime of the organization that establishes the character, origin and destination of its resources, as well as the means that allow the members to know the economic situation.

3. The public office shall, within ten days, have the advertising of the deposit or the requirement to its promoters for one time only, so that the defects observed may be remedied within a maximum of 10 more days. On the expiry of that period, the public office shall have the right to advertise or reject the deposit by means of a resolution exclusively founded on the absence of any of the minimum requirements referred to in the preceding number.

4. The public office shall advertise the deposit on the notice board of the office, in the "Official Gazette" and, where appropriate, in the "Official Gazette" corresponding to at least the name, territorial and functional scope, the identification of the promoters and signatories of the union constitution act.

The insertion in the respective "Bulletins" will be arranged by the public office within ten days and will be free of charge.

5. Any person shall be entitled to examine the statutes deposited, and the office shall also provide the office with an authenticated copy thereof.

6. The Public Authority, as well as those who demonstrate a direct, personal and legitimate interest, may promote to the Judicial Authority the declaration of non-compliance with any statutes which have been the subject of deposit and publication.

7. The union shall acquire legal personality and full capacity to act, after 20 working days from the deposit of the statutes.

8. The modification of the statutes of the trade union organizations already constituted shall be in accordance with the same procedure of deposit and advertising as regulated in this article.

Article 5.

1. Trade unions established under this Law shall be responsible for the acts or agreements adopted by their statutory bodies in the sphere of their respective powers.

2. The union shall not be liable for individual acts of its members, unless such acts occur in the regular exercise of the representative functions or prove that such members acted on behalf of the trade union.

3. Trade union quotas may not be the subject of an embargo.

4. Trade unions formed under this Law will be able to benefit from tax exemptions and bonuses that are legally established.

TITLE III

Of union representativeness

Article 6.

1. The greater trade union representation recognised by certain trade unions gives them a unique legal position for both institutional and trade union participation.

2. They will have the consideration of more representative unions at the state level:

(a) Those who demonstrate a special hearing, expressed in the procurement, in that field of 10 per 100 or more of the total number of staff delegates of the members of the works councils and the corresponding bodies of the General government.

(b) Trade unions or trade unions, affiliates, Länder or confederates to a trade union organisation at the State level which is considered to be more representative in accordance with the provisions of point (a).

3. Organizations that have the most representative union consideration according to the previous number, will enjoy representative capacity at all territorial and functional levels for:

(a) To provide institutional representation to public administrations or other entities and bodies of a State or Autonomous Community that is intended to provide it.

(b) Collective bargaining, as provided for in the Workers ' Statute.

c) To participate as partners in the determination of working conditions in public administrations through appropriate consultation or negotiation procedures.

d) Participate in the non-jurisdictional systems for resolving work conflicts.

e) Promote elections for delegates of staff and works councils and corresponding bodies of public administrations.

f) Obtain temporary transfers from the use of public property in the legally established terms.

g) Any other representative function that is set.

Item seventh.

1. They shall have the consideration of more representative trade unions at the Autonomous Community level: (a) the trade unions in that field which provide, at the same time, a special hearing expressed in the procurement of at least 15 per 100 of the staff delegates and representatives of the workers in the works councils, and in the bodies (a) of the general government, provided that they have a minimum of 1,500 representatives and are not federated or Confederate with state-level trade union organisations; (b) the trade unions or trade unions affiliated to, or confederates to a trade union organization of the Autonomous Community which has the consideration of more representative in accordance with the provisions of point (a).

These organisations shall have a representative capacity to exercise in the specific field of the Autonomous Community the functions and powers listed in the previous Article 3, as well as the capacity to hold the office. institutional representation to public administrations or other entities or bodies of a state nature.

2. Trade union organisations which have not yet been considered more representative have, in a specific territorial and functional area, obtained 10 per 100 or more staff delegates and members of the business and business committee. corresponding bodies of public administrations, shall be entitled to exercise, in that functional and territorial area, the functions and powers referred to in paragraphs (b), (c), (d), (e) and (g) of Article 6 (3). with the rules applicable to each case.

TITLE IV

From union action

Article 8.

1. Workers affiliated to a trade union may, in the field of the enterprise or the workplace:

(a) To constitute Trade Union Sections in accordance with the provisions of the Statutes of the Union.

b) Hold meetings, after notification to the employer, collect fees and distribute union information, outside of the working hours and without disturbing the normal business activity.

c) Receive the information sent to you by your union.

2. Without prejudice to the provisions laid down by collective agreement, the trade union sections of the most representative trade unions and of those representing in the works councils and in the representative bodies to be established in the Public administrations or staff delegates shall have the following rights:

(a) In order to facilitate the dissemination of those notices which may be of interest to trade union members and workers in general, the company shall make available to it a notice board to be placed in the work centre and where appropriate access to the same worker is ensured.

b) To collective bargaining, in the terms set out in their specific legislation.

(c) The use of an appropriate premises where they can carry out their activities in those enterprises or workplaces with more than 250 workers.

Article ninth.

1. Those who hold elective positions at the provincial, regional or state level, in the most representative trade union organizations, will be entitled:

(a) The enjoyment of the unpaid leave necessary for the development of the trade union functions proper to his office, with the possibility of establishing, by agreement, limitations to the enjoyment of the same according to the needs of the production process.

(b) To the enforced surplus, or to the equivalent situation in the field of the Civil Service, with the right to reserve the place of work and the calculation of seniority for the duration of the exercise of its representative office; be rejoined to their job within the month following the date of termination.

(c) To assistance and access to work centres to participate in the activities of their trade union or the whole of the workers, after communication to the employer, and without the exercise of that right being able to disrupt the normal development of the production process.

2. Union representatives who participate in the collective bargaining commissions by maintaining their links as an active worker in any undertaking shall be entitled to the granting of the paid leave necessary for them. the proper exercise of their work as negotiators, provided that the company is affected by the negotiation.

Article ten.

1. In companies or, where appropriate, in the workplace which occupy more than 250 workers, whatever the class of their contract, the Trade Union Sections which may be constituted by the workers affiliated to the trade unions with presence in the works councils or representation bodies established in public administrations shall be represented, for all intents and purposes, by trade union delegates elected by and among their members in the undertaking or in the centre of job.

2. Either by agreement or through collective bargaining, the number of delegates established on the scale referred to in this paragraph may be extended, taking into account the establishment plan or, where appropriate, the work centres. correspond to each of these.

In the absence of specific agreements in this respect, the number of union delegates for each trade union section of the trade unions that have obtained 10 per 100 of the votes in the election to the Enterprise Committee or the representation body in public administrations it will be determined according to the following scale:

250 to 750 workers: One.

From 751 to 2,000 workers: Two.

From 2,001 to 5,000 workers: Three.

From 5,001 onwards: Four.

Trade union sections of trade unions that have not obtained 10 per 100 of the votes will be represented by a single union delegate.

3. The trade union delegates, in the event that they are not part of the business committee, shall have the same guarantees as those legally established for the members of the works councils or the representative bodies to be established in the General government, as well as the following rights to the exception of what could be established by collective agreement:

1. Having access to the same information and documentation as the company makes available to the business committee, the trade union delegates being obliged to keep professional secrecy in those matters in which they are legally proceed.

2. Attend the meetings of the works councils and the internal organs of the company in the field of safety and hygiene or of the bodies of representation to be established in public administrations, with voice but without vote.

3. To be heard by the company prior to the adoption of measures of a collective nature that affect the workers in general and the members of their trade union in particular, and especially in the dismissals and sanctions of these

Item eleven.

1. In collective agreements, clauses may be laid down whereby the workers included in their field of application are financially in charge of the management of the trade unions represented in the special negotiating body, setting an economic and regulating the modalities of their credit. In any event, the individual will of the worker shall be respected, which shall be expressed in writing in the form and time limits to be determined in collective bargaining.

2. The employer shall give the union fee discount on the wages and the corresponding transfer at the request of the union of the affiliated worker and on the basis of conformity, always, of this.

TITLE V

From the protection of trade union freedom and repression of anti-union behaviour

Article twelve.

The regulatory precepts, clauses of collective agreements, individual covenants and unilateral decisions of the employer that contain or assume any form of discrimination shall be null and void. employment or working conditions, whether favourable or adverse, by reason of accession or not to a trade union, to their agreements or to the exercise in general of trade union activities.

Article thirteen.

Any worker or union who considers the rights of trade union freedom to be injured, by employer, employer association, public administrations or any other person, entity or corporation, public or private, may seek the protection of the right to the competent jurisdiction through the process of judicial protection of the fundamental rights of the person.

Expressly to be considered injury to trade union freedom acts of interference consisting in encouraging the formation of unions dominated or controlled by an employer or an association of business, or in sustaining or in another form trade unions for the same purpose of control.

Article fourteen.

The union to which the allegedly injured worker belongs, as well as any union that has the status of more representative, may be personified as an intervener in the process initiated by the union.

Article fifteen.

If the judicial body understood the violation of the right of freedom of association, it will decree the immediate cessation of anti-union behavior, as well as the consequent reparation of its illicit consequences, referring to them. actions to the Prosecutor's Office, for the purposes of purging any criminal conduct.

ADDITIONAL PROVISIONS

First.

1. For the purposes of Articles 6, 2 and 7, 1, the period of calculation of the electoral results, which shall be previously agreed by the High Council of the Institute for Mediation, Arbitration and Conciliation, shall not exceed three years. months.

2. The Government shall lay down the provisions which are necessary for the development and application of Article 6 (a), 3 and Article 7 (1) of this Law and of the provisions of the sixth additional provision of the Staff Regulations, without the representative capacity which, by application of those provisions is recognised, may be less than four years ' duration.

Second.

1. The term of office of the staff delegates, members of the works councils and those who are part of the representative bodies to be established in the public administrations shall be four years, and may be re-elected in successive electoral periods.

2. Within one year and in accordance with the provisions of Article 103.3 of the Constitution, the Government shall forward to the Courts a draft law governing the bodies representing civil servants.

Third.

The right recognised in paragraph (d) of Article 2 (1) shall not be exercised within the military establishment.

To this end, it will be determined to regulate what is to be understood by military establishments.

REPEAL PROVISION

Law 19/1977, of April 1, and Royal Decree 873/1977, of April 22, are repealed, in all matters as soon as the present Law is opposed, the regulation that contains those rules regarding the associations remaining in force. professional associations, and in particular the business associations whose freedom of association is recognized for the purposes of Article 28.1 of the Spanish Constitution and the international conventions signed by Spain.

FINAL PROVISIONS

First.

1. The trade union organisations formed in application of Law 19/1977 of 1 April and which enjoy legal personality on the date of entry into force of this Law shall retain the right to the name, without in any event occurring Continuity solution in your personality, being automatically validated.

2. The public office referred to in Article 4. of this Law is established organically in the Institute of Mediation, Arbitration and Conciliation and in the corresponding organs of the Autonomous Communities, in their respective territorial scope, when they have this competence attributed. In any event, they shall forward, within the period provided for in Article 4. 4, a copy of the documentation deposited with the Institute for Mediation, Arbitration and Conciliation.

Second.

The precepts contained in the first and second additional provisions, in the transitional provision and in the final provision first have no character of Organic Law.

Third.

This Law shall enter into force on the day following its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Palma de Mallorca, 2 August 1985.

JOHN CARLOS R.

The President of the Government

FELIPE GONZÁLEZ MARQUEZ