Key Benefits:
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 Law:
The adaptation of the institutional framework governing the labour market to the new circumstances of the Spanish economy, following the economic crisis of the last decade, is an urgent need in order to ensure that the prospects for future economic growth, more substantial than in recent years, will be translated into the creation of the greatest possible number of jobs, a key and priority objective of the Government's programme.
To achieve this, the amendments that the Law introduces in the Title first, the First and second Additional Provisions, the repeal of the article 56 point 4, the transitional provision third and the incorporation of two new Additional Provisions, 7. and 8., to the Workers ' Statute.
The central aim of these amendments is to provide the legal framework with greater clarity and stability to reduce the business uncertainty of the actions leading to the creation of new jobs and the creation of new jobs. necessary adjustment of the demand to the characteristics of the job offer. At the same time, it is intended to facilitate the integration of young workers and the return of unemployed workers to jobs generated by the production process.
The intensity achieved by youth unemployment advises to improve the contractual forms that allow the progressive integration of these groups into the work, through the practical and training contracts. part-time contracts and the new figure in the replacement contract. All of these are widely used in Western countries, in which there is also a situation of worrying youth unemployment, as a means for young people to find the possibility of a stage of adaptation to work at the exit of the educational system and to create jobs that enable them to become familiar with working life and complete their training through work.
Training and training contracts will be facilitated by extending their maximum duration up to three years in both cases, by extending the period after obtaining the title during which the contract can be concluded to four years. (a) the employment contract, which is to be used for training contracts, and to eliminate this limit for the disabled worker and finally, by reducing the part of the working day to be taught, in the latter type of contracts.
The repeal of the Third Transitional Provision of the Workers ' State is also aimed at approving the Spanish situation with that of other Western economies, in which part-time work has acquired a degree of In Spain and highly satisfactory, it meets three desirable objectives: to satisfy the wishes of a part of the population willing to work on an incomplete day, to reduce the minimum unit of work that companies can contract, and in general obtain a distribution of the available work of a character strictly voluntary. The replacement contract is to complete this possibility of the distribution of work, while improving the social welfare of workers with age close to that of retirement.
The European experience indicates that these forms of contract are particularly used by people who first access to work, which facilitates the adaptation of the worker and also allows him to combine his/her work activity with other domestic or training activities.
One of the aspects generally considered to be obstacles to hiring is the lack of legal certainty in the regulations on temporary hiring up to now.
The Law establishes an additional way for the conclusion of fixed-term employment contracts when it comes to the launch of a new activity, during its first three years of operation. The aim is to reduce the risks incurred by new investments, until such activities have not found prospects for full viability for their consolidation.
The new regulation of this type of contract has a vocation of permanence and its integration in our order is produced in line with the guidelines that the European Economic Community follows in this matter.
On the other hand, the use of the temporary contract as a measure of promotion of employment, while the present circumstances persist, is regulated more clearly and with greater legal certainty, in addition to the right of (a) to provide financial compensation at the end of the period, in order to reduce the differences between them and contracts for an indefinite period.
One and other temporary hiring figures are aimed at job creation, as it is a matter of encouraging companies to function at every moment with the greatest possible volume of employment, without waiting for the consolidation of the new activities or the confirmation of the reactivation of the demand in the market.
For the same reason it is expected that at the end of the maximum period the centres which do not become extinct will be converted into permanent jobs, however, extending until the end of the maximum period of three years, when have been arranged for a lower period.
At the same time as such modifications are introduced in the procurement systems, the rules on the Wage Guarantee Fund are to be amended in order to collect the experience gained since its creation and replace the support mechanism for small businesses which was previously regulated by Article 56, which is now repealed.
The amendment to Article 33 seeks to fill in the legal loopholes identified and to avoid situations of overprotection that lie at the origin of the financial imbalances of the wage guarantee fund, producing the (a) the same period of discrimination in the situation protected by this contingency in relation to that of the other systems for the protection of working income.
The new wording of the number one article 33 defines the cause for accessing the Fund's assistance precisely in the company's wealth imbalance. The same details are made in respect of the wages due, whether they are to be paid or as compensation for the same and the maximum limits that the Fund can pay for both concepts.
The number two defines severance payments recognized by judgment or administrative decision, thus excluding the reconciliations to IMAC, since it does not appear that insolvent companies agree This is a matter for the Commission and the Commission. At the same time, the ceiling for an annuity of the double the inter-professional minimum wage is also established for legal damages to be assumed by the fund.
In addition to procedural details and a slight reform of the court of law, which is essential for safeguarding the public interests represented by the Fund, the new Article 33 extends to all employers, public or private, the obligation to contribute to the financing of the Fund. A period of one year is also set for the prescription of the right to apply for assistance from the Fund, which will be interrupted, however, by the exercise of executive actions or credit recognition.
Finally, Article 33, number eight, replaces the previous wording of point four of Article 56. The reduction of 20% of statutory compensation in the event of unfair dismissal for small businesses is therefore abolished and the contribution of 40% of the legal compensation made by the Fund remains, however, assigning it to those who are required to pay on the grounds of cases settled under Article 51 of the Law. It is thus pursued to reconduct an anomaly that has been observed, for which contract extinctions that are actually due to economic or technological cause are dealt with through the disciplinary dismissal, not conceived for such Eventuality.
On the other hand, the simultaneous referral to the Courts of the Organic Law on Freedom of Association, as a legal instrument for the development of the fundamental right to free syndication recognized and guaranteed by the number one of the article 28 of the Constitution, it requires a normative adaptation of certain precepts of Titles II and III of the Staff Regulations, in order to make a system of union representativeness based on the audience of the unions in the work centres, in the systems of elections for workers ' representatives in the (a) centres, as well as a necessary adaptation of the rules on legitimation for collective bargaining and which are the subject of the Workers ' Statute.
This regulatory requirement for adaptation along with some technical modifications in the electoral system that was necessary to be introduced as a result of the experience gained from the two generalized electoral processes developed Since 1980, this law also gives rise to a substantive amendment to Articles 62. 63, 69, 71, 72, 74, 75, Title II and 87 of Title III, as well as of the sixth additional provision of the Workers ' Statute, two additional new provisions, seventh and eighth, being incorporated into that Law.
With respect to Title II, the fundamental lines of the Law assume:.
-The disappearance of inequality between the criterion of representativeness applicable to fixed workers and the one applicable to temporary workers.
-The extension of the representative mandate from two to four years and the disappearance of automatic expiration.
-The regulation of a system to promote or call for elections with advertising, which today was an important regulatory loophole.
-The introduction of the system of closed and blocked lists in the choice of Enterprise Committees, in any case, disappearing the current section of Center or College of more than two hundred and fifty workers.
-The easing of the rigid formalities of choosing the delegates of staff.
-A better implementation of the control of legality and the computation of electoral results, taking into account the transferability of these functions to the Autonomous Communities.
These fundamental lines are reflected in the reform of the articles of the Workers ' Statute, which includes the project as follows:
Article 72 does not include the expression
Article 67 establishes, in accordance with the Organic Law on Freedom of Association, the power to promote elections to the most representative trade unions, guaranteeing the right of unaffiliated workers on the same line The Commission has been able to communicate the call to the company and the Institute for Mediation, Arbitration and Conciliation (IMAC), thus covering the current regulatory vacuum. The duration of the four-year representative mandate and the extension of the mandate are also extended if no new elections are promoted. Finally, in point 5, the current duty of communication to the Labour Authority is changed to IMAC, for reasons of consistency.
Article 69 is supposed to be the disappearance of the expression
Article 71 introduces the system of closed and blocked lists in the election of Ecompany Committees and, in addition, eliminates the lists that do not obtain a minimum of 5 percent of the votes for each school.
Article 72, replacing the current one on the election of representatives of temporary workers, regulates the system of determining the number of representatives to be chosen when it is dealt with in each workplace. discontinuous fixed and fixed workers.
Article 74 regulates the functions of the electoral bureau, easing the formalities and deadlines for the election of staff delegates.
Article 75 normalizes electoral documentation, increasing the chances of regular election control by referring to the minutes of the establishment of the bureau.
With regard to Title III, the reform of Article 87 consists of a pure and simple adaptation to the provisions of Articles 6 and 7 of the Organic Law on Freedom of Association, introducing, in respect of collective agreements superior to the enterprise, the legitimation of the most representative trade union organisations without the need to establish a specific hearing in the area of the convention. This legitimisation arises both in the state territorial area and in the autonomic area for the respective consideration of the most representative trade union, and the legitimization of the most representative trade union at the regional level is maintained. negotiation, in each specific functional area, of collective agreements of the state territorial scope.
Finally, the sixth additional provision is modified by the deletion of any reference to the institutional representation of the trade unions, as it is regulated in the Organic Law on Freedom of Association and in the approval of the representation of the business associations as foreseen in this Law for the trade unions.
For all this, and after the talks with the most representative Trade Union and Business Organizations in an effort to achieve the maximum social consensus around these reforms.
Single item.
They are written in the form that follows the articles that are then transcribed from the Law 8/1980 of March 10, the Workers ' Statute, as well as the Additional Disposition sixth. Two additional new provisions, seventh and eighth, are also incorporated into the law.
TITLE I.
From the individual work relationship
Article 11. Work in practice and for training.
1. may conclude a contract of work in practice who is in possession of a university degree or equivalent of the title of Bachiller or other qualifications legally enabling for professional practice, within four years immediately following the completion of the studies corresponding to your degree, in accordance with the following rules:
(a) The job will be suitable for the purpose of facilitating the professional practice of the worker in order to improve their knowledge and adapt them to the level of studies completed.
(b) The contract of practical work shall always be formalised in writing, and a probationary period may be established in accordance with Article 14 of this Law.
(c) The duration of the contract shall be established, which shall not be less than three months and shall not exceed three years, as well as the remuneration of the work in practice, in accordance with the rules laid down in the Collective Agreements, (a) where, failing that, it may be lower than the minimum contribution base of the relevant professional category in proportion to the duration of the working day agreed.
(d) If at the end of the contract the worker is incorporated without a continuity solution to the undertaking in which the practices have been carried out, the duration of the practice shall be deducted from the probationary period if it has been concluded, computing for the purpose of seniority.
2. They may enter into a contract of training for the acquisition of theoretical and practical knowledge to enable them to carry out a job, persons aged 16 years and under 20 years of age. The maximum age limit shall not apply when the contract is made with a disabled worker.
This contract must be formalised in writing and shall express the terms and conditions for the provision of the work and its duration, which may not be less than three months and not more than three years. In the case of incorporation of the data subject to the company without a continuity solution, it will be established in the number 1 (d) of this Law.
The time spent on teaching may be arranged or alternated with those of effective work in the enterprise, according to the phases of the training process that are set out in the contract and without the overall time corresponding to the contract. be less than one quarter or more than one means of the contract agreed.
Retribution will be the one that legally or conventionally corresponds to the worker in proportion to the effective working hours.
3. The Government shall determine the social security features applicable to such contracts and may in particular provide for exemptions or reductions in social security contributions, which shall in any event be effected by reason of the total remuneration received.
Article twelve. Part-time work and relief contract.
1. The worker shall be deemed to be engaged on a part-time basis when providing his services for a certain number of hours per day or week, or days per week or month, less than two thirds of the projection on such time periods. of the usual day in the activity.
2. The contribution to social security and other contributions to be collected jointly with the Social Security Fund, referred to part-time contract workers, will have a deduction on those, equivalent to the proportion of the proportion of the time worked.
4. A collective agreement may lay down the conditions for the voluntary conversion of a full-time contract into a part-time contract.
5. In addition, it shall be understood as a part-time contract that is concluded by the worker who is aware of his undertaking under the conditions laid down in this Article, a reduction in the working day and his 50% salary, when meet the general conditions required to be entitled to the retirement pension for social security with the exception of age, which shall be less than three years, at most, to that required. In order to be able to carry out this contract, the company will simultaneously enter into a contract of employment with another unemployed worker and will be obliged to keep cover, at least, the working day replaced until the date of retirement provided for in the following paragraph. The contract of employment for which the day left vacant by the worker who reduces his working day shall be referred to as a replacement contract.
The performance of the part-time work contract referred to in this paragraph and its remuneration shall be compatible with the pension granted by the Social Security to the worker until he or she meets the age laid down The social security system is a general system for the right to a retirement pension, and the employment relationship is extinguished when it reaches that age.
Article 15. Duration of the contract.
1. the contract of employment is presumed to be concluded for an indefinite period. However, fixed-term employment contracts may be concluded:
(a) When the worker is hired for certain work or service.
(b) Where market circumstances, accumulation of tasks or excess orders so require, even in the case of normal business activity. In such cases, the contract shall be for a maximum duration of six months, within a period of 12 months and shall be expressed as a determining factor of its duration.
(c) In the case of the replacement of workers with the right to a job reserve, provided that the name of the replacement and the cause of the replacement are specified in the contract of employment.
d) When it comes to launching a new activity. In this case the duration of the contracts may not exceed three years. After three years after the launch of the activity, the workers who continue to be employed will be for an indefinite period.
2. Work contracts of duration determined in the circumstances provided for in Article 17 (3) may also be concluded where the Government makes use of the authorisation provided for therein.
3. If the fixed-term employment contracts referred to in paragraphs 1, d) and 2 of this Article are concluded for a duration less than the maximum laid down, they may be extended by agreement between the parties for periods not exceeding the maximum less than the minimum required, where appropriate, to be established, in the case of failure to report and to continue in the performance of the labour supply, automatically extended up to the maximum period laid down.
4. Employers shall notify the legal representation of the employees in the undertaking of the contracts made in accordance with the arrangements for the time-limit laid down in paragraphs 1 and 2 of this Article.
5. They shall acquire the status of fixed workers, irrespective of the manner in which they are employed, who have not been discharged into the social security system, provided that a period of time equal to or greater than the period of proof has elapsed. is established for the activity in question, unless it is clear from the nature of the activity or the contracted services that the temporary duration of the activity or services is clearly established. This is without prejudice to the other responsibilities to which it may be held.
6. The contract of employment is concluded for an indefinite period even if no services are provided every day which in the course of the year is generally considered to be of work, in the case of fixed work and In the case of the company, the company's activity is discontinued.
Workers who perform such activity should be called every time the activity is carried out and they will have the consideration of fixed workers of discontinuous works.
The appeal referred to in the previous paragraph must be carried out by a rigorous age within each specialty and, in the event of non-compliance, the worker may claim in the dismissal proceedings before the jurisdiction the time limit for this has been initiated since the day on which the lack of convocation was known.
7. Temporary contracts concluded in law fraud shall be presumed for an indefinite period.
Article seventeen. Non-discrimination in industrial relations.
1. The provisions of the collective agreements, individual agreements and unilateral decisions of the employer which contain unfavourable or adverse discrimination in employment shall be null and void and shall not be construed as in the field of remuneration, working time and other working conditions due to circumstances of sex, origin, marital status, race, social status, religious or political ideas, membership or not of trade unions and their agreements, links with others workers in the company and language within the Spanish State.
2. Exclusions, reservations and preferences may be established by law in order to be freely hired.
3. By way of derogation from the above paragraph, the Government may regulate reserve, duration or preference measures in employment which are intended to facilitate the placement of job-seeking workers.
When temporary hiring is used as a measure of employment promotion, the duration of the contract may not exceed three years. The termination of these contracts shall entitle the economic compensation to be established.
The government will also be able to provide grants, allowances and other measures to encourage the use of specific groups of unemployed workers who encounter special difficulties in accessing employment. The regulation of these will be made after consultation of the most representative trade union organizations and associations.
Article thirty-three. The Wage Guarantee Fund.
1. The Salarial Guarantee Fund, the Autonomous Body under the Ministry of Labour and Social Security, with legal personality and capacity to act for the purpose of fulfilling its objectives, will pay the workers the amount of outstanding salaries. payment, due to the insolvency, suspension and payment, bankruptcy or competition of creditors of the businessmen.
To the above effects, the amount recognized as such in the act of conciliation or in judicial resolution for all the concepts referred to in Article 26.1, as well as the additional compensation for the the processing wages which the competent jurisdiction of the Court may agree, without the Fund being able to pay, for one or other jointly or separately, an amount exceeding the amount resulting from the doubling of the minimum wage daily interprofessional for the number of days of salary outstanding, with a maximum of one hundred and twenty days.
2. The Salarial Guarantee Fund, in the case of the previous number, shall pay compensation recognised as a result of judgments or administrative decisions in favour of workers on the grounds of dismissal or termination of contracts in accordance with the Articles 50 and 51 of this Law, with the maximum limit of an annuity, without the daily wage, the basis of the calculation, being able to exceed the double of the interprofessional minimum wage.
The amount of compensation for the sole purposes of payment by the Salarial Guarantee Fund, for the cases of dismissal or termination of contracts, in accordance with Article 50 of this Law, will be calculated on the basis of twenty-five days per year of service, with the limit set in the previous paragraph.
3. In the case of proceedings, from the moment when the existence of work credits is known or the possibility of their existence is presumed, the Judge, on his own initiative or at the request of a party, shall cite the Salarial Guarantee Fund, without The requirement shall not bear the obligations set out in the preceding numbers. The Fund shall be placed in the file as a subsidiary legal officer for the payment of the said credits, and may request what is appropriate and without prejudice to the fact that, once it has been carried out, it continues as a creditor in the file.
4. The Fund shall assume the specific obligations in the preceding numbers, subject to the instruction of the file for verification of its origin.
For the reimbursement of the amounts satisfied, the Salarial Guarantee Fund shall be subrogated in the rights and actions of the workers, retaining the character of the privileged credits conferred on them by the article 32 of this Law. If such claims are in accordance with which the workers may be kept on the part not satisfied by the Fund, some and all of them shall be paid in proportion to their respective amounts.
5. The Salarial Guarantee Fund will be financed by the contributions made by all the entrepreneurs referred to in the first article, two of this Law, whether they are public or private.
The rate of contribution shall be fixed by the Government on wages which serve as the basis for the calculation of the contribution to pay for contingencies arising from accidents at work, occupational disease and unemployment in the system of Social Security.
6. For the purposes of this article, it is understood that there is insolvency of the employer when, at the time of the execution in the form established by the Law of Labor Procedure, no satisfaction of the labor credits is achieved. The decision on the insolvency declaration shall be given after hearing of the Salarial Guarantee Fund.
7. The right to apply from the Salarial Guarantee Fund payment of the benefits resulting from the preceding numbers shall be prescribed for the year of the date of the act of conciliation, judgment or resolution of the Labour Authority in which the debt is recognised. for wages or compensation payments.
Such a period will be interrupted by the exercise of the executive actions or the recognition of the credit in insolvency proceedings and otherwise legal forms of interruption of the prescription.
8. In companies of less than twenty-five employees, the Salarial Guarantee Fund shall pay 40% of the statutory compensation to workers whose employment relationship has been extinguished as a result of the file instructed in application of Article 50 and one of this Law.
The calculation of the amount of this credit will be made on the allowances adjusted to the limits provided for in the number two of this article.
Article forty-nine. Termination of the contract.
The job contract will be extinguished:
1. By mutual agreement of the parties.
2. For the reasons given validly in the contract unless they constitute abuse of the manifest right by the employer.
3. For the expiry of the time agreed upon or the performance of the work or service covered by the contract.
If the term has not been reported by any of the parties, the contract shall be deemed to be tacitly extended for an indefinite period, unless otherwise proof that the temporary nature of the benefit is credited. This is without prejudice to the provisions laid down in Article 15 (3).
If the fixed-term employment contract is longer than one year, the portion of the contract making the complaint is required to notify the other of the termination of the contract at a minimum of fifteen days ' notice.
4. By the resignation of the worker, he must mediate the notice indicating the collective agreements or the custom of the place.
5. By death, great invalidity or permanent total or absolute invalidity of the worker.
6. By retirement of the worker.
7. By death, retirement, in the cases provided for in the corresponding system of social security, or incapacity of the employer, without prejudice to the provisions of Article 44 or the termination of the legal personality of the contractor, the latter case, the formalities of Article 51 of this Law shall be followed.
8. By force majeure that makes the provision of work impossible.
9. By cessation of the industry, trade or service definitively, founded on technological or economic causes, provided that it has been duly authorized in accordance with the provisions of this Law.
10. By the worker's will, based on a contractual breach of the employer.
11. By dismissal of the worker.
12. For legally-sourced objective causes.
TITLE II.
Of the rights of collective representation and meeting of workers in companies
Article sixty-two. Staff delegates.
1. the representation of employees in the company or work centre with fewer than 50 employees and more than 10 employees is the responsibility of the staff delegates. There may also be a staff delegate in those undertakings or centres which have six to 10 employees, if they so decide by a majority.
The workers will choose, by means of free, personal, secret and direct suffrage to the Staff Delegates in the following amount: up to 30 workers, one; from 31 to 49, three.
2. the staff delegates shall exercise the representation for which they were elected to the employer, and shall have the same powers established for the Enterprise Committees.
Staff Delegates will observe the rules that professional secrecy are established for the members of the company committees in Article seventy-five of this Law.
Article sixty-three. Works Committees.
1. The Enterprise Committee is the representative and collegiate body of all workers in the company or workplace for the defense of their interests, constituting in each work center whose census is 50 or more workers.
2. In the enterprise in the same province, or in neighbouring municipalities, two or more work centres whose censuses do not reach the 50 employees, but which, as a whole, add to it, a Joint Undertaking Committee shall be set up. When some centres have 50 workers and others from the same province, the first ones will be the own Enterprise Committees and with all the latter they will be another.
3. Only by collective agreement can the constitution and functioning of an intercenter committee be agreed with a maximum of 13 members, who will be appointed from among the components of the different Committees of the Centers.
In the constitution of the Inter-Central Committee the proportionality of the trade unions will be preserved, according to the electoral results considered overall.
Such an Intercenter Committee may not be able to assume other functions than those expressly granted to them in the collective agreement in which their creation is agreed upon.
Article sixty-seven. Election and mandate.
1. They may promote elections to staff delegates and members of the business committees of the most representative trade union organisations, with a minimum of 10 per cent of representatives in the company or workers in the centre of labour by majority agreement.
In any case, the promoters will inform the representation of the company and the Institute of Mediation, Arbitration and Conciliation (IMAC) of their decision to hold elections and the date of initiation of the electoral process with a Minimum notice of 10 working days.
2. Delegates of staff and members of the Enterprise Committee shall be elected by all workers by direct, free and secret personal suffrage, which may be issued by mail in the form laid down in the implementing provisions of this Directive. Law.
3. The term of office of delegates of staff and members of the Enterprise Committee shall be four years, with the term of office extended if, at the end of the term, no new election of representatives has been promoted.
Only delegates and members of the Committee may be revoked during their term of office, by a decision of the workers who have elected them, by means of assembly called for at least one-third of their constituents and by absolute majority of these, by means of personal suffrage, free, direct and secret. However, such revocation may not be carried out during the processing of a collective agreement or be reconsidered until at least six months.
4. In the case of a vacancy for any cause in the Enterprise or Work Centre Committees, it shall be automatically covered by the following worker in the list to which the replacement belongs. Where the vacancy relates to staff delegates, it shall be automatically covered by the worker who obtained a vote in the vote immediately below the last of the elected representatives. The substitute will be for the remainder of the term.
5. The replacements, revocations, resignations and extinctions of mandate shall be communicated to the IMAC and the employer, also being published in the notice board.
Article sixty-nine. Electors and eligible.
1. All employees of the 16-year-old and older workers of the enterprise or work-centre with an age of at least one month shall be eligible, and eligible workers who are 18 years of age and an age in the undertaking of, at least six months, except in industries where, due to the mobility of staff, a shorter period of time is agreed in collective agreement, with a minimum limit of three months.
Foreign workers may be electors and eligible when they meet the conditions referred to in the preceding paragraph.
2. Candidates may be presented for the election of staff delegates and members of the Business Committee for the legally constituted workers ' unions. Similarly, the workers who support their candidature may be presented with a number of signatures of voters in the same centre and college, where appropriate, equivalent to at least three times the number of posts to be filled.
Article seventy-one. Election for the Enterprise Committee.
1. In the companies of more than 50 workers, the census of electors and electors will be distributed in two schools; one integrated by the technicians and administrative and the other by the specialists and unskilled workers.
By collective agreement, and depending on the professional composition of the sector of productive activity or of the company, a new college may be established to adapt to this composition. In such a case, the electoral rules of this Title shall be adapted to that number of schools. The posts of the Committee shall be distributed in proportion to each undertaking according to the number of workers forming the electoral colleges mentioned. If the division results in ratios with fractions, the unit would be awarded fractional to the group to which the highest fraction would correspond; if they were equal, the award shall be by lot.
2. In the elections to members of the Business Committee, the election shall conform to the following rules:
(a) Each voter may give his or her vote to a single one of the lists submitted to those of the Committee that corresponds to their college. These lists shall contain at least as many names as posts to be covered. For each list, the names of the trade union or group of workers shall be listed.
(b) No right to the allocation of representatives in the Enterprise Committee shall be those lists which have not obtained at least 5% of the votes for each college.
By means of the proportional representation system, each list shall be assigned the number of posts corresponding to it, in accordance with the ratio resulting from dividing the number of valid votes for the number of posts to be filled. If you have put or posts left over, you will be assigned to the list or lists that have a larger number of votes.
(c) Within each list the candidates shall be chosen in the order in which they appear in the application.
3. Failure to comply with any of the above rules will determine the nulliability of the choice of the candidate or candidates affected.
Article seventy-two. Representatives of permanent and non-permanent fixed workers.
1. Discontinuous fixed workers and fixed-term contract workers shall be represented by the bodies set out in this Title jointly with the establishment of fixed staff.
2. Therefore, for the purpose of determining the number of representatives, the following shall be:
(a) Discontinuous fixed workers and those linked by a fixed term of more than one year shall be counted as fixed staff.
(b) The contract for up to one year shall be computed according to the number of days worked in the period of one year prior to the convocation of the election. Every two hundred days worked or fraction will be computed as one more worker.
Article seventy-four. Functions of the table.
1. Communicated to the representation of the undertaking the decision to hold elections by its promoters, within two working days, shall give the same to the workers who, in accordance with the previous article, must constitute the Bureau and, where appropriate, the electoral tables, putting it simultaneously in the knowledge of the promoters.
The electoral bureau shall be formally constituted, by means of the act granted to the effect, within the working day following that of the employer's communication and shall be the date of initiation of the electoral process.
2. In the case of elections to delegates of staff, the employer shall, in the same term, forward to the components of the electoral bureau the census, which shall be adjusted, for these purposes, to a standard model.
The electoral bureau will perform the following functions:.
-The labor census will be made public among the workers with an indication of who are voters.
-Set the number of reps.
-Will point to the voting date.
-You will receive and proclaim the entries that are submitted.
The deadlines for each of the acts will be indicated by the table with criteria of reasonableness and as advised the circumstances, but in any case between its constitution and the date of the elections will not measure more than ten days.
3. In the case of elections to members of the Enterprise Committee, the electoral bureau shall ask the employer for the work census and shall produce with the means to be provided by the list of voters. It shall be made public in the notice boards by means of its exposure for a period of not less than seventy-two hours.
The Bureau shall resolve any incident or claim concerning inclusions, exclusions or corrections that are submitted up to twenty-four hours after the end of the period of exposure of the list. It shall publish the final list within 24 hours. The Bureau, or all of them, shall then determine the number of members of the Committee to be elected in accordance with Article 66.
Nominations will be submitted during the nine days following the publication of the final list of voters. The proclamation shall be made within two working days after the end of the said period, and shall be published on the boards referred to. Against the proclamation agreement, it may be claimed within the following working day, resolving the Bureau at the later working day.
Between the proclamation of candidates and the vote will measure at least five days.
Article seventy-five. Voting for Delegates and Enterprise Committees.
1. The act of voting shall take place in the centre or place of work and during the working day, taking into account the rules governing voting by mail.
The businessman will provide the precise means for the normal development of the vote and of the entire electoral process.
2. The vote will be free, secret, personal and direct, depositing the ballots, which in size, color, print and quality of the paper will be of equal characteristics, in closed urns.
3. Immediately after the vote, the voting table will proceed publicly to the counting of votes by reading the president aloud from the ballots.
4. The result of the vote shall be taken up in accordance with the standard model in which the incidents and protests of the case are to be included. The minutes shall be signed by the members of the bureau, the financial controller and the representative of the employer, if any. The voting tables of the same company or centre, at joint meeting, shall be followed by the minutes of the overall result of the vote.
5. The President of the Bureau shall send copies of the minutes of scrutiny to the employer and to the members of the candidates, as well as to the elected representatives.
The result of the vote will be published in the announcement boards.
6. A copy of the minutes, together with the ballots cast by votes void or contested by the auditors and the minutes of the Bureau's constitution, shall be sent by the President of the Bureau within 48 hours to the Institute for Mediation, Arbitration and Reconciliation (IMAC). It shall keep the deposit of the ballots until the time of the challenge before the competent jurisdiction provided for in Article 76, and at the request of any interested party in the electoral process shall issue an authentic copy of the minutes.
7. Without prejudice to the provisions of Article 76, it is up to the Institute for Mediation, Arbitration and Conciliation (IMAC) to assign to the various trade union organizations the results of the elections, in accordance with the provisions of this Law and its development provisions, for the purpose of collective bargaining, as in any other case where it is necessary to determine the representativeness of the trade union organisations. In this regard, the Institute for Mediation, Arbitration and Conciliation (IMAC) is the only institution competent for the proclamation of global results and to issue certifications referring to the areas that are requested.
TITLE III
From negotiation and collective agreements
Article eighty-seven. Legitimisation.
They will be legitimized to negotiate:
1. In the business or lower level: the Business Committee, the Staff Delegates, if any, or the trade union representations if any.
However, in the conventions affecting all the employees of the company it will be necessary for such trade union representations, as a whole, to add up to the majority of the members of the Committee.
In all cases it will be necessary for both sides to be recognized as interlocutors.
2. In the scope conventions above the above:.
(a) Trade unions which have the most representative status at the State level, as well as in their respective fields, the affiliated, federated or confederated trade unions.
(b) Trade unions which have the most representative status at the level of the Autonomous Community in respect of conventions which do not transcend the territorial scope and, in their respective fields, the trade unions affiliates, federated or Confederate to them.
(c) Trade unions with a minimum of 10% of the members of the Company's or Staff's Delegates ' Committees in the geographical and functional area to which the agreement relates.
3. In the conventions referred to in the previous number, the business associations which have 10% of the employers and workers affected by the scope of the convention.
4. They will also be legitimized in the state-wide conventions: the Autonomous Community unions that have a minimum of 15 percent of the members of the Committees of Enterprise or Delegates of Personnel and the associations in the latter area. This is the only way to improve the quality of the services provided by the Commission. It is also a question of how to deal with the situation in the Community. Workers 'unions and employers' associations which are integrated into federations or confederations at the state level will not be included in this case.
5. Any trade union, federation or union confederation, and any business association which meets the requirement of legitimation, shall be entitled to be a member of the special negotiating body.
ADDITIONAL PROVISION SIXTH
For the purpose of holding institutional representation in defense of the general interests of the businessmen before the Public Administrations and other entities or bodies of a State or Autonomous Community that have it (a) to be understood as a representative of the business associations which have 10% or more of the companies and workers at the State level.
Also, the business associations of the Autonomous Community that have a minimum of 15 percent of the business and workers will also be represented. Business associations which are integrated in state-wide federations or confederations shall not be included in this case.
Business organisations that have the status of most representative under this Additional Disposition will have the capacity to obtain temporary disposals from the use of public property in the terms of the that are legally established.
ADDITIONAL SEVENTH DISPOSITION
The Government, on a proposal from the Ministry of Labour and Social Security, will accommodate the current legislation on retirement pension in the Social Security system for the purposes of implementing those provided for in Article 12, number of 5, and in those other cases where the age laid down in general in order to be entitled to such a pension must be reduced in the course of measures to promote employment, provided that they lead to the replacement of some of the workers retired by others in the situation of the unemployed.
EIGHTH ADDITIONAL DISPOSITION
For the purposes of Article 75 (7) of this Law, the Autonomous Communities to which the execution of functions in the field of the deposit of minutes relating to the elections of representative bodies has been transferred the workers shall forward to the General Secretariat of the Institute for Mediation, Arbitration and Conciliation a true copy of each document deposited within 10 days of the date of the deposit.
ADDITIONAL DISPOSITION FIRST
The Government shall, within the maximum period of twelve months from the entry into force of this Law, regulate the legal status of the special employment relationships provided for in Article 2 (1) of the Law. 8/1980 of 10 March of the Staff Regulations.
The employment relationship of the port stowers shall be considered as a special one, including those provided for in Article 2 (1).
ADDITIONAL DISPOSITION SECOND
The Government within three months of the publication of this Law will determine the peculiarities in matters of Social Security applicable to the contracts of training work.
TRANSIENT DISPOSITION
1. The representative capacity recognized to the trade union organizations by Resolution of the Directorate General of the Institute of Mediation, Arbitration and Conciliation of 10 March 1983, for the purpose of holding institutional representation in defense of the general interest of the employees shall end on 30 December 1986 and the composition of the representative members shall be renewed before the public authorities or other entities or bodies which have them.
With this same date, the renewal of the representatives of the business organizations is due to the provisions of the Additional Disposition 6 of the Workers ' Statute.
2. The term of office of the workers ' representatives which is in force on the date of publication of this Law shall be four years from the date of their choice.
REPEAL PROVISION
The provisions of this Law and, specifically, Article 56 (4) and the Third Transitional Provision of Law 8/1980 of 10 March of the Staff Regulations are repealed.
Therefore,
I command all Spaniards, individuals and authorities, to keep and keep this Law.
Palma de Mallorca to 2 August 1984.-JUAN CARLOS R.-The President of the Government, Felipe González Márquez.
