Key Benefits:
Where the strike is declared in undertakings entrusted with the provision of any kind of public service or of recy April and heard by the Commission referred to in the first paragraph of Article 12 of that Law,
D I S P O N G O:
TITLE FIRST
The right to strike
CHAPTER FIRST
The strike
Item one.
The right to strike, in the field of industrial relations, may be exercised in the terms provided for in this Royal Decree-Law.
Item two.
Pacts established in individual work contracts that contain the waiver or any other restrictions on the right to strike are void.
Article three.
One. The declaration of strike, whatever its scope, requires, in any case, the adoption of an express agreement, in this sense, in each workplace.
Two. They are empowered to agree the strike statement:
a) The workers, through their representatives. The agreement shall be adopted at the joint meeting of those representatives by a majority decision. From the meeting, which will be attended by at least seventy-five percent of the representatives, the minutes will be lifted, which will be signed by the attendees.
(b) Directly the workers of the labour centre, affected by the conflict, when the 25% of the staff decides to put the agreement to the vote. The vote will be secret and will be decided by a simple majority. The result of this shall be recorded in the minutes.
Three. The strike declaration agreement shall be communicated to the employer or employers concerned and to the employment authority by the representatives of the employees.
The strike communication must be made in writing and notified with five calendar days in advance, at least, to your date of initiation. When the strike declaration agreement is adopted directly by the workers by means of a vote, the period of notice shall begin to be counted from the time the workers ' representatives communicate to the employer the conclusion of the agreement. The strike communication must contain the objectives of the strike, steps taken to resolve the differences, the date of their start and the composition of the strike committee.
Article four.
When the strike affects companies in charge of any kind of public services, the notice of the beginning of the strike to the employer and the labor authority will be, at least, ten calendar days. Workers ' representatives must strike, prior to their initiation, the necessary publicity to be known to the users of the service.
Article five.
Only members of the strike committee will be able to be elected workers from the workplace affected by the conflict.
The composition of the strike committee may not exceed twelve people.
It is up to the strike committee to participate in how many union, administrative or judicial actions are taken for the solution of the conflict.
Article six.
One. The exercise of the right to strike does not extinguish the working relationship, nor can it give rise to any sanction, unless the worker, during the period, incurs a lack of work.
Two. During the strike the contract of employment shall be deemed to be suspended and the worker shall not be entitled to the salary.
Three. The striking worker will remain in a situation of high social security, with a suspension of the obligation of contribution from the employer and the worker himself. The striking worker shall not be entitled to unemployment benefit, or to the economic benefit of temporary incapacity for work.
Four. The freedom of work of those workers who do not wish to join the strike will be respected.
Five. As long as the strike takes place, the employer will not be able to replace the strikers with workers who are not related to the company at the time of its communication, except in the event of non-compliance with the obligations contained in paragraph number. seven of this article.
Six. Striking workers will be able to advertise the same, in a peaceful manner, and carry out funds collected without any coercion.
Seven. The strike committee shall ensure the provision of the services necessary for the safety of persons and of things, the maintenance of premises, machinery, installations, raw materials and any other attention which may be required during the strike. be precise for the subsequent resumption of the tasks of the company. It is for the employer to designate the workers to be employed.
Item seven.
One. The exercise of the right to strike must be carried out precisely by the cessation of the provision of services by the workers concerned and without occupation by the workers themselves of the centre of work or any of their offices.
Two. Rotary strikes, carried out by workers who provide services in strategic sectors in order to interrupt the production process, those of zeal or regulation and, in general, any form of collective alteration in the work arrangements other than strike action shall be deemed to be unlawful or abusive.
Article eight.
One. The Collective Agreements may lay down additional rules relating to the procedures for the settlement of disputes arising from the strike, as well as the waiver, during its validity, of the exercise of that right.
Two. From the moment of notice and during the strike, the strike committee and the businessman, and in his case the representatives appointed by the different strike committees and the affected businessmen, must negotiate to reach an agreement, without the damage that workers may at any time be able to terminate. The pact that ends the strike will have the same effectiveness as what was agreed in the Collective Agreement.
Article nine.
The Labour Inspectorate will be able to exercise its function of mediation since the strike is communicated to the solution of the conflict.
Article ten.
The Government, on a proposal from the Ministry of Labor, taking ihas been deemed appropriate to maintain, in its current wording, the just causes listed in Article seventy and seven of the Labour Contract Law, while excluding the ineptitude which, because of not being guilty, is includes as a sufficient cause of the second. The institution of the notice is regulated for this institution and guarantees for the representatives of the staff, whose readmission, in the event of an imprecence, is imposed on a forced basis.
The new regulation of dismissal enshrines, in any case, the causal nature of the dismissal, with the rejection, therefore, of the free dismissal.
VI. Restructuring of templates.
The liberalization of collective labour relations, with the consequent strengthening of collective bargaining, makes it appropriate to allow, as a content of the collective bargaining, new procedures, compensation and prelations i 25.
If the parties do not reach an agreement, or appoint one or more arbitrators, the Employment Authority shall proceed as follows:
(a) If the conflict arises from discrepancies relating to the interpretation of a pre-existing, state or collectively agreed standard, it shall forward the action taken, with its report, to the Labour Court, which proceed in accordance with the provisions of the Labour Procedure Act.
(b) If the conflict arises to modify the working conditions, the Labour Authority will dictate binding compliance by resolving all the issues raised.
Article twenty-six.
The binding awards, which shall be issued within five days of the date of their appearance, shall take the form of a decision which is founded and shall decide in a clear and precise manner, both in respect of the questions which had been raised in the original document as well as those raised in the appearance of the parties involved in the dispute. These awards will have immediate executive force. They may be appealed against in accordance with Article 100 (2) of the Law on Administrative Procedure, in accordance with Article 100 (2) of the Law on Administrative Procedure. Once the gubbernating route has been exhausted, they may be challenged before the competent jurisdiction.
TITLE III
Collective Agreements
Article twenty-seven.
The fifth, sixth, twelfth, fifteenth, 16th and 18th of the Law thirty-eight/thousand nine hundred and seventy-three, of 19 December, of Collective Labour Conventions, are drawn up in the following terms:
" Article 5.
Collective Conventions can affect:
One. To a single Company, whatever the number of its employees, whether it uncovers its activity in a single province or several, or to a Work Centre, when its own characteristics make it necessary.
Two. To a group of companies defined by their special characteristics, whether they are national, inter-provincial, regional or local.
Three. To all enterprises governed by a Regulations or Labour Ordinance, in the fields referred to in the preceding number.
Article 6.
Collective agreements have the force of law and require, for the entire duration of their validity, and for the exclusion of any other, all the employers and workers represented within their scope of application.
During the term of a Convention and up to three months before the termination of the Convention, no other concurrent Convention may be negotiated.
Article twelfth.
The parties must negotiate from initiation at the end of the deliberations, under the principles of good faith and mutual loyalty.
If employers employ, directly or indirectly, fraud or coercion, in respect of the other party, or will no longer attend the deliberations, they shall be terminated and the proceedings shall be forwarded to the Labour Authority, which will give them the collective bargaining process, unless the workers choose to exercise the right to strike.
Without prejudice to the above paragraph, the conduct of the aforementioned entrepreneurs will be considered as an infringement of the labor order, sanctioning those responsible in accordance with the legislation in force in the matter.
The Labour Authority may suspend the negotiation of the Collective Agreements for up to six months, with automatic extension of the previous Convention, if the workers are employed, fraud, or coercion, direct or indirectly, with respect to the other party. The unlawful strike or any other form of collective alteration in the working arrangements shall in any event be deemed to constitute coercion; on the contrary, the exercise of the right to strike in the terms laid down in its specific legislation the effects of this article shall not be estimated.
Item 15th.
One. If the parties do not agree on the negotiation of a Collective Agreement, they may appoint one or more arbitrators, who shall act jointly. The decision they will take will have the same effectiveness as if there was agreement between the parties.
In the event that there has been no direct agreement or decision arising from voluntary arbitration, the Working Collective Conflicts procedure may be used if the right to strike is not exercised.
Article sixteenth.
Collective Agreements shall be construed as extended on their own terms of year in year if they are not reported by either party within the time limit provided for in Article 11.
Article eighteenth.
The interpretation, in general terms of the Collective Agreements, is attributed to the competent Labour Authority, given the report which the Joint Committee will raise with the actions referred to in Article 11 (1). this is without prejudice to the provisions of the Labour Law on Collective Labour Conflicts.
The knowledge and resolution of the contests that the application of the Collective Conventions raise between the parties corresponds to the Labor Magistrate.
The monitoring of compliance with the provisions of the Collective Agreements is the responsibility of the Labour Inspectorate. "
TITLE IV
Limitation of State Regulation, by branches of activity, of minimum working conditions
Article twenty-eight.
The regulation, by branch of activity, of the minimum conditions to which the labor relations, which corresponds to the Ministry of Labor, according to the Law of sixteen of October thousand nine hundred forty and two, may only take place for those economic sectors of production and territorial demarcations in which there is no Collective Labour Convention.
Article twenty-nine.
The Labor Regulations and Labor Ordinance currently in force will continue to govern those of its provisions that are not replaced by the agreement of the Collective Agreement, subscribed to its maturity and with after the date of initiation of the regulatory effects of this Royal Decree-Law.
TITLE V
Firing
CHAPTER FIRST
General provisions
Article thirty.
One. Dismissal shall be governed by the provisions of this Royal Decree-law, whatever the condition of the worker concerned.
Two. The extinction, suspension or modification of legal/labour relations for technological or economic reasons and the sectoral regulation of employment shall be governed by the specific rules in this field.
Article thirty-one.
One. Dismissal may only take place where there is cause related to the conduct of the worker or to objective circumstances arising from the professional capacity of the worker or the needs of t, the Labor Authority will seek compromise between the parties. The agreements shall be adopted by a simple majority of the representations of each of them. Such an agreement shall have the same effectiveness as the collective agreement.
The parties may designate one or more Referees. In such a case, when they are several, they will have to act together, they will have to make their award within five days. The decision they take will have the same effectiveness as if there was agreement between the parties.
Article the job provided for as a sufficient cause in paragraph (c) of the preceding paragraph affects a set of workers, the procedure for the regulation of employment shall be followed in accordance with the specific rules of the same.
Article forty.
One. The adoption of the dismissal agreement under the provisions of the foregoing Article requires compliance with the following requirements:
(a) A written communication to the worker of the dismissal, stating the date of its effects and causing it to be motivated.
(b) To make available to the worker, at the same time as the written communication referred to in the preceding paragraph, the compensation provided for the dismissal from Article 40 and four.
(c) Concession of a notice period, the duration of which, computed from the delivery of the communication referred to in paragraph (a) until the termination of the contract, shall be at least the following:
-One month for workers whose seniority in the company is less than one year.
-Two months when the worker's seniority in the enterprise is greater than one year and does not reach both.
-Three months for workers more than two years old.
Two. Where the person who is dismissed has the status of an elected union member, the employer shall, before notifying the person concerned, bring it to the attention of the representatives of the employees within the undertaking.
Article forty-one.
During the period of notice the worker will be entitled, without loss of his or her remuneration, to a six-hour weekly licence in order to seek new employment.
Article forty-two.
It will be applicable to the dismissals regulated in this chapter the provisions of article thirty and five of this Royal Decree-Law.
Curent article and three.
The dismissal, agreed under the terms of Article thirty-nine, shall be brought when the certainty of the cause alleged by the employer in the written communication referred to in paragraph (a) of the paragraph 1 of Article 40. It will be inappropriate in other cases.
When the employer fails to comply with the requirements laid down in Article 40, the dismissal shall be void, and the Working Magistrate may make such a declaration of its own motion. Notwithstanding the foregoing, the non-grant of the notice provided for in that Article shall not annul the dismissal, but the employer, irrespective of the other compensation paid, shall be obliged to pay the worker salaries for that period.
Null firing will produce the same effects as improper dismissal.
Article forty-four.
The dismissal from one of the sufficient causes established in Article thirty and nine will result in the termination of the contract of employment, with the obligation on the part of the employer to satisfy the worker compensation of one week's salary for each year of service or fraction of the year. Notwithstanding the origin of the dismissal, the worker concerned shall be deemed to be unemployed because of the non-imputable effect.
When the dismissal is inappropriate, the provisions of paragraphs two to six, inclusive, of article thirty-seven of this Royal Decree-law, shall apply. The worker, in the case of readmission, must reintegrate the employer with the compensation provided for in paragraph (b) of the first paragraph of Article 40, in the event of damages, for lack of (a) the Commission shall, in accordance with the procedure laid down in Article 3 (2) of the Treaty, take the necessary measures. The supplementary allowance for processing salary, even if there is an overlap of dates, shall be without prejudice to the date of the lack of notice.
TITLE VI
Restructuring templates
Article forty-five.
The suspension and extinction of working relationships based on economic or technological causes shall be governed by the provisions of Article 18 of the Law on Labor Relations and Supplementary Provisions, without further delay. modifications that the following:
One. The report on the representation of employees within the undertaking shall be required only in the case of the restructuring of a template, without prejudice to the additional reports which are estimated by the Commission in each case. employment authority.
Two. Collective agreements may determine the general criteria to be followed in the case of restructuring of staff for economic or technological reasons, amount or module of compensation, notice periods, the establishment of the of new prelations with respect in any case of the legally existing and in the order of priority in the assumption of readmission of personnel.
Three. The suspension and termination of working relations based on technological and economic causes may be concluded by a pact between the employer and the workers concerned, which shall be brought to the attention of the labour authority, who may be without further delay. (a) to authorize the intended suspension or reduction, or to determine that the regulatory procedure laid down is to be followed.
Four. In the restructurings of jigs for technological and economic reasons, in the cases of insolvency, suspension of payments or bankruptcy of the companies, the Guarantee Fund will guarantee and anticipate the workers affected by the compensation established or agreed upon up to the maximum laid down in the Labour Procedure Act.
First disposition first.
The Decree-Law five/thousand nine hundred and seventy-five, of twenty-two of May, on the regulation of the Collective Conflicts of Labor; Article seventy and seven of the Law of Labor Contract; Article 10 of the Royal Decree-Law eighteen/thousand nine hundred and seventy-six, of eight October, on Economic Measures; article thirty-five of the Law sixteen/thousand nine hundred and seventy-six, of eight of April, of Industrial Relations, and how many Laws and provisions are contrary to what is established in this Royal Decree-Law.
Final disposition second.
The Minister of Labor will submit to the approval of the Government, after obtaining the opinion of the Council of State, a new recast text of the Law of Labor Procedure, in which the modifications derived from this Royal Decree-Law are contained and from the eighteen/thousand nine hundred and seventy-six, of eight of October, the appropriate technical corrections in order to a more perfect and effective regulation of the labor procedure will be established and the amounts of the deposits and sanctions will be elevated that in This text is provided for.
Third end disposition.
It is extended until the thirty-one of December of a thousand nine hundred and seventy-eight the approval by the Government of the recast text to which refers the final disposition of the Law eighteen/thousand nine hundred and seventy-six, of eight April, on Industrial Relations, it is possible to make such same to the technological modifications of the job that it has been carrying out, provided that it is appropriate to its professional category.
c) The need to individually write down a job when it is not appropriate to use the affected worker in other tasks.
(d) The still justified faults of assistance to work, when they are intermittent, exceed 30% of the days in one year and do not respond to an accident or illness resulting in long-term incapacity. duration.
Two. Where the amortisation of a recast in one or more texts, with the appropriate technical corrections, in which the modifications established in the present Royal Decree-law will be included.
Final disposition fourth.
The Government and the Ministry of Labour, within the scope of their respective powers, may lay down the rules for the implementation and development of this Royal Decree-Law, which will enter into force on the next day of its publication in the "Official State Gazette".
Additional disposition first.
The provisions of this Royal Decree-Law on strike law do not apply to civilian personnel dependent on military establishments.
Additional provision second.
The current provenance of the appeal will be maintained with respect to judgments handed down in proceedings for dismissal of workers who hold elective union representation positions.
Additional provision third.
One. Without prejudice to the existing Collective Agreements Law, specific representations, chosen by the affected workers or employers, may be authorized in the deliberative Commissions.
Two. The minimum period of duration of the collective agreements established by Article 11 of Law thirty-eight/thousand nine hundred and seventy-three, of nineteen December, of Collective Labour Conventions, is reduced to one year.
Additional provision fourth.
Article two hundred and twenty-two of the Penal Code is worded as follows:
" Article two hundred and twenty-two.
They will be considered as sedition prisoners:
First. Officials, who are responsible for the provision of any kind of public service or of recognised and undeferred need, who, by suspending their activity, cause disruption to them, or, in any case, alter their regularity.
Second. The employers and workers who, in order to attack the security of the State, damage their authority, or disturb their normal activity, suspend or alter the regularity of the work. "
First transient disposition.
Collective Labour Conventions which, at the date of entry into force of this Royal Decree-Law, will be in the process of being processed, will continue the same in accordance with the rules in force before the date referred to.
Second transient disposition.
The modifications of the Labor Ordinance that will be processed in the General Directorate of Labor to the date of entry into force of this Royal Decree-Law may be approved according to the law of sixteen October of a thousand nine hundred and forty-two.
Transient Disposition third.
The dismissals produced prior to the entry into force of this Royal Decree-law will be governed in its substantive and procedural aspect by the rules in force on the date they were held.
Fourth transient disposition.
Companies and workers affected by Collective Agreements of higher scope than the Company and subscribed prior to the entry into force of this Royal Decree-Law may negotiate during its term of Company.
Given in Madrid to four of March of a thousand nine hundred and seventy-seven.
JOHN CARLOS
The President of the Government,
ADOLFO SUAREZ GONZALEZ
