Regulation of labour in our current law relations, which responds to a political conception Interventional obviously has led throughout a long period of significant social progress. The new political framework to which rapidly runs the nation, advises a deep reform legislation, inspired by the principle of liberalization of labour relations, in line with the prevailing legal systems in the countries of Western Europe of the same cultural context. It obeys all rules that make up the present Royal Decree, which deals with institutional aspects of urgent update, without disregarding the need to complete its setup in line with the development of the process of reform of Trade Union structures.
The Decree-Law 5/thousand nine hundred seventy-five, twenty-second of may, on regulation of collective labour disputes, marked an important stage in the changes in labour legislation, in terms of which enshrined the legitimacy of resorting to the strike, provided that is observed the substantive requirements and in such a way that the legal text contained.
The strike, as a social phenomenon, which for years had been crime, went to a stage of freedom. The significance of the new system advised, by reasons of elementary prudence, both the establishment of a rigorous procedure for the legitimate use of such resource, such as the fixing of certain limitations. Thus the strike could exceed the scope of the company, could take place, for reasons of solidarity, or affect companies responsible for the provision of public services or recognized and urgent need.
Specified budgets and the social dynamics, accentuated as a result of the political changes lately experienced underscore the need for replacement of current regulations by each other which is enshrined as a right to strike, procedure will lighten for their exercise and its limits are set at the borders that the safeguarding of the best interests of the Community mark.
Consistently with this is removed in the new regulation the initial phase of mandatory and official negotiation; workers are who may decide, without hurry other instances, when of the concerted cessation of work, subsisting, as it is obvious, the need for the notice.
The substantive aspect stand out as most important modifications:-the recognition of the possibility of strike of undertakings responsible for public services, which leads to the necessary modification of article two hundred venintidos of the criminal code.
-Enunciating clearly cases of wrongfulness, it assumes, except in them, the legality of the strike.
-The recognition of the strike Committee as the body representing workers in conflict.
-The regulation of the effects of the strike on the legal relationship of Social Security.
-Close outs, only valid's response, does not require administrative authorization, which is the attribution to the labour courts in the prosecution of the legality or illegality of it and its effects.
II. collective disputes.
Recognition of the right to strike and the streamlining of the procedure for their exercise, abolishing the previous official and required negotiation process, entails the total repeal of the Decree-Law 5/thousand nine hundred seventy-five, twenty-second day of may, on regulation of collective labour disputes, which contains not only the consecrated labor strike in the same legislation , but also the procedure of solution, by State arbitration of collective labour disputes. It advised the autonomous regulation of this last procedure, which must be maintained when the parties wish to use such a medium solution.
III. collective labour agreements.
The recognition of the right to strike imposes the simultaneous adoption of certain amendments in the law 18/thousand nine hundred seventy-three, Nineteen of December, of trade union collective labour agreements, in order to harmonize its provisions with the new situation created.
The legitimacy of the strike action in support of labour collective demands and the conception of the Convention as an authentic instrument of social peace, obliges a part, enshrining, in General, the impossibility of establishing a new agreement, in force another of the same or a different field; as well as to allow the strike, without prejudice to other channels of solution under this provision, during the negotiation; eliminate the binding arbitration Decision, opening up the framework of collective labour relations, and suppress the automatic increase in overtime due to lack of complaint.
IV. limitation of State regulation by branches of activity minimum working conditions.
The need, increasingly inescapable, expedite the plural labour relations regime and enhance the collective legal relationship in the source of the labour law, advises delete dualism on fixing of minimum conditions of work by economic activities or by companies, that is contained in the trade union collective labour agreements Act and the labour regulations thereby reducing the use of the law procedure of 16 of October of thousand nine hundred forty-two, those sectors of production and territorial demarcations in which there are no collective agreements.
It should be noted that this change in the regulatory system of the minimum conditions of work by branches or sectors of activity does not entail the repeal of labour ordinances and regulations in force, which must survive until new collective agreements that concluded in the sector or branch concerned subsequent to the date of initiation of the effects of this Royal Decree-Law replacing those provisions.
V. The dismissal.
The need to carry out a joint and correlative accommodation of the content of the rules on collective labour relations referred to in the present Royal Decree, with the individual dismissal, advises a new regulation of the same, following the indicated criteria in this respect by the I.L.O. and taking into account the prevailing in the countries of the European economic community.
Dealt with two different types of individual dismissal: disciplinary and derivative of the professional capacity of the worker or of the company performance needs. With regard to the first, it is estimated appropriate to maintain, in its current drafting, causes fair which enumerates seventy-seven article of the law of contract of work, while excluding the ineptitude that, by not bringing about guilt, is included as a sufficient second cause. Regulates the institution of the notice for this and is enshrined, for both, the guarantees in favour of the staff representatives, whose readmission, in the event of inadmissibility, is imposed on a forced basis.
New dismissal regulation enshrines, in any case, the causal nature of the same, with rejection, therefore free dismissal.
VI. restructuring of templates.
The liberalization of the collective labour relations, with the consequent empowerment of collective bargaining, makes it convenient to allow, as the same content, the fixing of new procedures, amount of compensation and priorities in templates due to economic or technological restructuring and streamlining of the procedure established by law when there is agreement between the parties.
By virtue, on the proposal of the Council of Ministers at its meeting in the day four of March of thousand nine hundred seventy-seven, in application of the authorization conferred on me by the thirteenth article of the constituent Act of the Cortes, text of the fundamental laws, approved by Decree seven hundred and seventy-nine/thousand nine hundred sixty-seven, twenty in April and heard the Commission that mentioned in first paragraph of article 12 of the aforementioned Law, D I S P O N G O: Title first strike chapter one article one strike.
The right to strike, in the field of labour relations, be exercised in the terms foreseen in this Royal Decree-law.
The Covenants set forth in individual contracts of employment containing renunciation or any other restriction to the right to strike are null.
One. The Declaration of strike, anyone who is its scope, requires, in any case, expressly agreed, in this regard, in every workplace.
Two. They are empowered to agree the Declaration of strike: to) workers, through their representatives. The agreement will be adopted at joint meeting of such representatives, by majority decision of the same. Meeting, which will have to attend at least the seventy-five per cent of the representatives, will rise record, that attendees must sign.
(b) directly employees of the workplace, affected by the conflict, when 25 percent of the template decide is put to the vote the agreement. The voting will be secret and will be decided by a simple majority. The result of this will be recorded in the minutes.
3. The Declaration of strike agreement shall be communicated to the employer or employers affected and the labour authority by the representatives of the workers.
Strike communication must be in writing and notified five calendar days in advance, at least to its initiation. When the Declaration of strike agreement directly adopt it workers ballot, the period of notice will start counting from the workers representatives communicate to entrepreneur the celebration of it. The communication of strike shall contain the objectives of this, you steps undertaken to resolve the differences, your start date and composition of the strike Committee.
When the strike affects companies responsible for any kind of public services, the notice of the start of the strike to the employer and the labour authority shall be at least ten calendar days. Representatives of workers shall give to the strike, before its initiation, the publicity necessary for it to be known by users of the service.
Only they may be elected members of the strike Committee of the own workplace workers affected by the conflict.
The composition of the strike Committee may not exceed twelve people.
It corresponds to the strike Committee participate in Union, administrative or judicial actions are carried out for the solution of the conflict.
One. The exercise of the right to strike does not extinguish the employment relationship, or may lead to any sanction, unless the worker, during the meeting, directors labor lack.
Two. During the strike the employment contract shall be suspended and the worker is not entitled to wages.
3. The worker on strike will remain in status in Social Security, with suspension of the obligation to quote by part of the employer and the worker. Worker on strike is not entitled to provide unemployment, nor to the economic for temporary incapacity for work.
Four. The freedom to work of workers who did not want to join the strike will be respected.
5. As long as the strike lasts, the entrepreneur may not replace strikers by workers who were not linked to the company at the time of be communicated the same, except in cases of breach of the obligations contained in paragraph number seven of this article.
6. Workers on strike may be advertising it, peacefully, and to effect collection of funds without coercion.
7. The strike Committee must ensure during the provision of the services necessary for the safety of persons and things, maintenance of premises, machinery, facilities, raw materials and any other care that was accurate to the subsequent resumption of the tasks of the company. The designation of workers to be carried out such services corresponds to the entrepreneur.
One. The exercise of the right to strike shall be carried out, precisely through the cessation of services for affected workers and occupation by the same center work or any of its dependencies.
Two. Rotating strikes, those carried out by the workers who provide services in strategic sectors with the aim of disrupting the production process, those of zeal or regulations and, in general, any form of collective alteration in the regime of work other than the strike, will be considered illegal or abusive acts.
One. Collective agreements may provide for complementary rules relating to procedures for the settlement of disputes which give origin to the strike, as well as the resignation, during its term, the exercise of such right.
Two. From the moment the notice and during the strike, the strike Committee and the employer, and if representatives appointed by various strike committees and employers concerned, shall be negotiated to reach an agreement, notwithstanding that at any time workers able to terminate that. The Pact that put an end to the strike will have the same effectiveness as agreed in the collective agreement.
The labour inspectorate may exercise its function of mediation since communicates the strike until the settlement of the conflict.
The Government, on the proposal of the Ministry of labour, taking into account the duration, or the consequences of the strike, the positions of the parties and the serious injury of the national economy, may agree the resumption work within the period which determines, for a maximum period of two months, or permanently, through the establishment of a compulsory arbitration. Breach of this agreement may result in the application of the provisions of articles 15 and 16.
When the strike is declared in companies responsible for the provision of any kind of public services or recognized and urgent need and there are particularly serious circumstances, the administrative authority may agree measures necessary to ensure the functioning of the services. The Government may also take these purposes appropriate intervention measures.
The strike is illegal: to) when it starts or hold for political reasons or for any other purpose outside the professional interest of the affected workers.
(b) where it is solidarity or support, unless it directly affects the professional interest of those who promote or sustain.
(c) when is intended to alter, within its period of validity, what is agreed in a collective agreement or established by award.
(d) where there is contravention of the provisions of the present Royal Decree-law or expressly agreed in collective agreement for the settlement of disputes.
Chapter II lockout article twelve.
One. Employers may only proceed at the close of the work center in the event of a strike or any other form of collective irregularity in the regime of work, when any of the circumstances that follow: to) existence of notorious danger of violence to people or damage to things.
(b) illegal occupation of the center work or any of its dependencies, or some danger of this occurring.
(c) that absenteeism or irregularities in work volume seriously impede the normal production process.
Two. Lock-out, carried out within the terms established in the present Royal Decree, will produce with respect to affected staff the purposes specified in paragraphs one, two and three of article six of the same.
One. The entrepreneur who proceed with the closure of the workplace, under cover of the stipulated in the previous article should put it the labour authority in term of twelve hours.
Two. The closure of workplaces shall be limited to the time necessary to ensure the resumption of the activity of the company, or for the removal of the causes that led to it.
The entrepreneur who had agreed closure of the workplace covered as stipulated in article 12 and which had not reopened it on its own initiative or at the request of the workers, must do so, giving option to its staff to return to work, when it required such fines by the labour authority, within the period to establish the own requirement incurred otherwise the sanctions provided for in article 15.
Chapter III sanctions article 15.
The businessman who proceeded to the closure of the Centre's work, except in the cases provided in article twelve, it will be punished in the manner and by the bodies referred to in article thirty-three of the Labour Relations Act.
The sanctions referred to in this article are understood without prejudice to the obligation to business reopen illegally closed work and payment center workers who have ceased to provide services as a result of the closure of the Centre's work earned wages during the period of illegal closure.
One. Workers who participate in illegal strikes or any other form of collective alteration in the normal regime of work, shall incur the expected failure in paragraph j) thirty-three article of this Royal Decree.
Two. The workers who, in accordance with article 6, paragraph seven, were designated for the maintenance of the planned services and refuse to do so, shall incur the just cause for dismissal established in paragraph k) article 33 of the present Royal Decree, without prejudice to the other responsibilities that come.
Title II chapter first provisions general article 17 collective disputes.
One. The solution of conflict situations affecting the general interests of workers may take place by means of collective labour dispute which is regulated in this title.
Two. When workers using collective labour dispute process may not exercise the right to strike.
3. Declared the strike, may, however, workers withdraw from the same and undergo the procedure of collective labour dispute.
One. They can only urge the initiation of collective labour dispute: to) representatives of workers in the field concerned the conflict, on its own initiative or at the request of their clients.
(b) employers or their legal representatives, according to the scope of the conflict.
Two. When the collective dispute procedure is initiated at the request of employers, and workers from exercising the right to strike, will be suspended this procedure, filing actions.
The competence to deal with collective labour disputes corresponds, according to their nature: to) the delegate of labour of the province in which the dispute arises. The General Directorate of labour shall be competent in collective labour disputes affecting workers in several provinces.
(b) to the labor court order, in accordance with this provision and the Labour Procedure Act.
You will not consider collective labour dispute to modify the agreed in collective agreement or established by award.
Chapter II procedure article twenty-one.
The approach of collective labour dispute will be formalized in writing, signed and dated, stating name, surname, address and character of people who raise it and determination of workers and employers affected; facts about those who see the conflict, specific requests formulated, as well as other data that apply.
The letter referred to in the preceding article shall be submitted to the delegation of labour of the province in which the dispute arises. When the conflict affect workers in several provinces, that letter will be submitted to the General Directorate of labour.
Within twenty-four hours on the day of the presentation of the aforementioned written in article twenty-one, the labour authorities shall send a copy thereof to the party against which the conflict arises and summon the parties to appear before it, which will have to take place within the following three days.
At the hearing, the labour authority will try to compromise between the parties. Agreements shall be adopted by simple majority of the representations of each of them. This agreement will have the same effectiveness as has been agreed in collective agreement.
The parties may appoint one or more arbitrators. In this case these, that when they are several will act together, must make its award in five days. The decision adopted will have the same effectiveness as if there had been agreement between the parties.
If the parties do not reach an agreement, or designaren one or more arbitrators, the labour authority proceed as follows: to) if the conflict would lead to discrepancies concerning the interpretation of a pre-existing norm, State or agreed collectively, forward practiced performances, with his report, to the judiciary's work, which will proceed in accordance with the provisions of the Labour Procedure Act.
(b) if the conflict emerges to modify working conditions, the labour authority will issue mandatory award solving on all the issues raised.
Binding awards, that will be given at the end of the five days following the appearance date shall take the form of a founded resolution and decide so clear and accurate, both with regard to issues that had arisen in the initial writing of the raised at the hearing of the parties related to the conflict. These awards shall be immediately enforceable. They may be challenged on appeal to the labour authority of top grade, in accordance with article one hundred and twenty-two, of the Administrative Procedure Act. When the remedies may be challenged before the competent court.
Title III article 27 collective agreements.
The fifth, sixth, twelfth, fifteenth, sixteenth and eighteenth thirty law and articles 8/thousand nine hundred seventy-three, of December nineteen, collective labour agreements, are written in the following terms: "article 5.
Collective agreements may affect: one. To a single company, either that the number of its workers, whether it develops its activity in a single province or several, or to a place of work, when its own characteristics do so necessary.
Two. A group of businesses defined by its special characteristics, whether they are of national, inter-provincial, regional or local level.
3. All of the companies governed by a regulation or Labour Ordinance, in the fields referred to in the previous number.
Collective agreements have normative force and force, for all the time of its entry into force, and to the exclusion of any other, to all employers and workers represented within its scope.
During the term of an agreement and up to three months before the end of this you can not negotiate another concurrent Convention.
The parties must negotiate from the initiation at the end of the discussions, under the principles of good faith and mutual loyalty.
If employers used malice, fraud or coercion, directly or indirectly, with respect to the other party, or stopped attending the deliberations, these will be end and the proceedings will be sent to the labour authority, which will give them the dispute process, unless workers choose to exercise the right to strike.
Without prejudice to the provisions of the preceding paragraph, the conduct of employers above shall be deemed infringement of labour law, punish those responsible in accordance with the legislation in this area.
The labour authority may suspend the negotiation of collective agreements for term up to six months, with automatic extension of the previous Convention, if workers are used fraud, fraud, or coercion, directly or indirectly, with respect to the other party. The illegal strike or any other form of collective change in the regime of work means, in any case, constituent of coercion; on the contrary, the exercise of the right to strike in the terms set out in its specific legislation is not estimated coercion for the purposes of this article.
One. If the parties fail to agree on the negotiation of a collective agreement, they may appoint one or more arbitrators, acting jointly. The decision adopted these will have the same effectiveness as if there had been agreement of the parties.
In the case that there had been no direct agreement or decision for voluntary arbitration, you can go to the procedure of collective labour disputes, if not to exercise the right to strike.
Collective agreements shall be deemed carried over on his own terms from year to year if not they denounced by either party within the period provided in the eleventh article.
The interpretation of collective agreements generally is attributed to the competent labour authority, seen the report that the Joint Commission will raise with the actions referred to in the eleventh articun, all without prejudice with respect to the labour court order in the legislation on collective labour disputes.
Knowledge and resolution of the events that the implementation of collective agreements may raise between parties is the judiciary's work.
Monitoring of the compliance with provisions in collective agreements is within the competence of the Labour Inspectorate.
Title IV limitation of the regulation State, by areas of activity, of the minimum conditions of work article 28.
Regulation, by branch of activity, the minimum conditions that they have to adjust labor relations, which corresponds to the Ministry of labour, pursuant to the law of 16 of October of thousand nine hundred forty-two, may only take place for those economic sectors of the production and territorial demarcations in which there is no collective labour agreement.
Regulations on labour and labour Ordinances currently in force will continue to govern in those of its provisions that are not replaced by what is agreed in the collective agreement, signed on maturity and subsequent to the initiation of the normative effects of this Royal Decree-law.
Title V chapter first provisions general article thirty dismissal.
One. The dismissal is governed by the stipulated in the present Royal Decree-Law, whatever that is the condition of the worker concerned.
Two. Extinction, suspension or modification of labour law relations due to technological or economic and sectoral regulation of employment are governed by specific rules in this matter.
One. Only the dismissal may take place when there is cause concerning the conduct of the worker or objective circumstances arising from the professional capacity or needs of the functioning of the company.
Two. The provisions of the preceding paragraph means, without prejudice to the Faculty of the parties unilaterally to terminate the employment relationship during the trial period.
In no event will be considered just cause for the dismissal as follows: to) membership of a trade union or participation in the legal activities of the same.
(b) hold the status of representative of the workers, or acting in such capacity, within the established in the legal system.
(c) the submission of complaints or intervention in proceedings followed against the businessman of course non-compliance by labour standards or Social Security.
(d) the race, color, sex, marital status, religion, political opinion or social origin.
Chapter II disciplinary dismissal article thirty-three.
They are just causes for the dismissal, related to the conduct of the worker, the following: a) the repeated and unjustified absences punctuality or assistance to work.
(b) insubordination or disobedience to work regulations made pursuant to the laws.
(c) ill-treatment of Word or work or lack serious respect and consideration to the entrepreneur, people of his family living with him, their representatives or bosses or coworkers.
(d) fraud, disloyalty or breach of trust in the entrusted managements.
(e) the decrease in voluntary and continuing normal work performance.
(f) make negotiations of trade industry on their own or of another person without authorization from the employer.
(g) the drunkenness, as usual.
(h) the lack of toiletries, always about it has had repeatedly called attention to worker and is of such a nature to produce complaint justified of colleagues who carry out their work in the same place as that.
(i) when the worker often originate quarrels or unjustified quarrels with colleagues.
(j) active participation in illegal strike or any other form of collective alteration in the normal scheme of work.
(k) the refusal, during a strike, the provision of the services necessary for the safety of persons and things, maintenance of premises, machinery, facilities, raw materials and any other care that was accurate to the subsequent resumption of the tasks of the company.
One. The dismissal may be agreed by the employer, without further formal requirement that in writing notify the worker, stating the facts that motivate it and the date of its effects.
Two. When the dismissal affects workers who hold elective office of Union will be mandatory, prior to their communication to the party concerned, put it to the attention of the representatives of the workers within the company.
The worker, without prior Trade Union conciliation, may apply, before the judiciary's work, against dismissal agreed by the employer, and must do so, in any case, within a period of fifteen working days, counting from the next to the one that had taken place, can be extended by other three if the workplace was different from the locality in which the judiciary resides the quoted term of expiration for all purposes.
Disciplinary dismissal will be coming when the concurrence of the just cause alleged by the employer in the written communication referred to in article thirty and four will stay accredited. The dismissal, in other cases shall be inadmissible.
When entrepreneur does not fulfil the requirements established in article thirty-four of the present Royal Decree-Law, the dismissal will be void, failing to make the magistrate of work such a declaration of office.
The dismissal will produce the same effects as the dismissal.
One. From dismissal causes the termination of the employment relationship, without the worker's compensation law.
Two. Where the dismissal is unfair, the worker shall be entitled to be readmitted by the entrepreneur under the same conditions that governed before him, as well as the payment of wages no longer perceive since the dismissal until the readmission takes place.
3. If the businessman not appropriate readmission in due form, the magistrate's work will replace the obligation to readmit by compensation for damages and be declared extinguished the employment relationship; in this case, supplementary compensation for wages of processing will reach up to the date of such extinction.
Four. Compensation for compensation for damages will be set by the magistrate's work, to his prudent discretion, taking into account the age of the worker in the company, conditions of the contract of employment that is extinguished, chances of finding new proper placement, dimension and characteristics of the company and circumstances personal and family worker, especially the be holder of large family forty-year-old or disabled. The resulting amount may not be less than two months of salary per year of service, or exceed five annuity.
5. In the cases of companies that occupy less than twenty-five permanent workers, the labour judge, at his prudent discretion, you can reduce the minimum limit established in the preceding paragraph because of the attendant circumstances.
6. When the worker whose dismissal being declared inadmissible holds elective office of Union, the obligation of the employer to reinstate must comply on their own terms without the possibility of substitution without compensation for damages, unless voluntary agreement of the parties.
If the cause alleged by the employer for the dismissal, while another minor, as constitutive lack not citizen suficionte for such punishment, severe or mild, the magistrate's work will determine the appropriate punishment to the foul, so that, if necessary, it can be imposed by the employer, without prejudice to condemn it to reinstatement and the payment of additional compensation in the sentence , as established in the previous article.
Chapter III dismissal circumstances objective derived from the ability of the worker or the company article thirty-nine performance needs.
One. By objective circumstances, based on the professional capacity of the worker or the needs of running the business, constitute sufficient cause for dismissal as follows: to) the ineptitude of the worker; originating or occurring.
(b) the lack of adaptation of the same technological modifications of the job that came to play, provided that it was suitable to their professional category.
(c) the need to individually repay job where no appropriate use to the worker concerned in other tasks.
(d) the mistakes, even justified assistance to work, when they are flashing, exceed thirty per cent of the days in a year and do not respond to accident or disease causing disability continued long term.
Two. When the amortization of job scheduled as sufficient in (c) cause) of the previous paragraph concerning a set of workers, will have to follow the procedure of employment regulation in accordance with the specific rules of the same.
One. The adoption of the agreement for dismissal under cover of the stipulated in the previous article requires the observance of the following requirements: to) written communication worker's dismissal, which made record date of its effects and causes that motivate him.
(b) make available to the worker, simultaneously with the delivery of the written communication referred to in the preceding paragraph, the compensation that provides for dismissal from article forty-four.
((c) granting of a period of notice, whose duration, computed from the delivery of the communication referred to in paragraph a) until the expiry of the contract, shall be, as a minimum, the following:-a month for workers whose seniority in the company is less than a year.
-Two months when the age of the worker in the company exceeds one year and not reach the two.
-Three months for workers with more than two years old.
Two. When the dismissed has the status of elected Union Office, entrepreneur, before reporting the dismissal to the person concerned, shall inform the representatives of the workers within the company.
During the period of notice the workers shall be entitled, without loss of remuneration, a license of six hours per week in order to find new employment.
Shall apply to the regulated dismissals in this chapter the article 35 of this Royal Decree-law.
Article curenta and three.
The dismissal, agreed under cover provisions 39 article, will be coming when the certainty of the cause alleged by the employer in the written communication referred to in paragraph will be accredited a) paragraph one of article forty. It will be inappropriate in other cases.
When the entrepreneur suspendue the requirements established in article forty, dismissal will be void, the magistrate of work making such declaration of office. However as previously stated, not granting the notice provided for in that article, not void the dismissal, while entrepreneur, regardless of other allowances that apply, shall be required to pay the worker the wages corresponding to this period.
The dismissal will produce the same effects as the dismissal.
From dismissal founded in any of sufficient causes set out in article thirty-nine will produce the extinction of the employment contract, with obligation by the employer to meet the worker compensation of one week of pay for each year of service or fraction of a year. However the origin of the dismissal, the worker concerned means unemployed because he not attributable.
When the dismissal is wrongful, shall apply the provisions of paragraphs two through six, both inclusive, of article thirty and seven of this Royal Decree-law. The worker, in the case of readmission, shall reinstate the employer claims for compensation in accordance with the provisions of subparagraph (b)), paragraph one of article forty had received; in the case of compensation for damages, due to lack of readmission, will be deductible such compensation which set the magistrate's work by such compensation. Supplementary compensation for salary processing, even if there is overlap of dates, shall be without prejudice of which proceed due to lack of notice.
Staff article 45 title VI restructuration.
Suspension and termination of labour relations based on economic or technological causes shall be governed by the provisions of article 18 of the law of labour relations and supplementary provisions, without further changes to the following: one. In the restructuring of template files will only be mandatory report of the representation of the workers within the enterprise, without prejudice to additional reports that may be coming by the labour authority in each case.
Two. The general criteria to be followed in cases of restructuring of template causes economic or technological, amount or module compensation, notice periods, the establishment of new priorities with respect in any case of existing legally and in the order of priority in the case of readmission of personnel may be determined in collective agreements.
3. Suspension and termination of labour relations founded on technological and economic factors may take place by agreement between employer and employees concerned, which will be put in knowledge of the labour authority, who may without any further formality authorize the suspension or purported reduction, or determine that the procedure be followed according to the rules established.
Four. In the restructuring of templates by technological and economic causes, in cases of insolvency, suspension of payments or bankruptcy of enterprises, the wage guarantee fund will guarantee reimbursed and affected workers compensation established or agreed up to the maximum provided for in the Labour Procedure Act.
First final provision.
There are repealed Decree-Law 5/thousand nine hundred seventy-five, twenty-second of may, on regulation of collective labour disputes; Article seventy-seven of the labour contract Act; Article 10 of the Royal Decree-Law 18/thousand nine hundred seventy-six, of 8 October, on economic measures; Article thirty-five law sixteen/mil 1900s seventy and six of eight April, labour relations, and many laws and provisions is contrary to provisions of this Royal Decree-law.
Second final provision.
The Minister of labour shall submit to the approval of the Government, after obtaining the opinion of the Council of State, a new consolidated text of the law on labour procedure, that will contain the changes derived from this Royal Decree-Law eighteen/thousand nine hundred seventy-six, on 8 October, established technical corrections as appropriate in order to a more perfect and effective regulation of the working procedure and raise the amounts of deposits and sanctions that said text is expected.
Third final provision.
It extends until the 1930s and one of December one thousand nine hundred seventy and eight the approval by the Government of a consolidated text referred to in the second final provision of the law 18/thousand nine hundred seventy-six, on 8 April, labour relations, being able to carry out such recasting into one or more texts, with the appropriate technical corrections, which will have to include the modifications laid down in the present Royal Decree-law.
Fourth final provision.
The Government and the Ministry of labour, in the field of their respective competencies, will dictate the rules of application and development of the present Royal Decree-Law, which shall enter into force on the following day of its publication in the «Official Gazette».
First additional provision.
The provisions of the present Royal Decree-law in the field of strike does not apply to military establishments under civilian personnel.
Second additional provision.
The current source of the appeal with respect to the rulings handed down in processes for dismissal of workers who hold elective positions of Union representation will be maintained.
Third additional provision.
One. Without prejudice to provisions of the law of collective agreements, in the deliberative committees may be authorized specific representations, chosen by workers or businessmen affected.
Two. The minimum period of duration of collective agreements that laid down in article 11 of law thirty and eight/thousand nine hundred seventy-three, Nineteen of December, of collective labour agreements, is reduced to one year.
Fourth additional provision.
Two hundred and twenty-two article of the criminal code is worded as follows: «article two hundred and twenty-two.
Will be considered as prisoners of sedition: first. Officials, responsible for the provision of all kinds of public services or recognized and urgent need, suspending its activity, may cause disorders to the same, or, in any way, alter its regularity.
Second. Employers and workers which, in order to threaten the security of the State, undermine his authority, or disrupt their normal activity, suspendieren or alteraren the regularity of the work.»
First transitional provision.
Collective labour agreements which at the date of entry into force of this Royal Decree-law in processing, shall remain the same in accordance with the rules in force before the aforementioned date.
Second transitional provision.
Amendments to labor regulations that in proceedings in the General Directorate of labour to the date of entry into force of this Royal Decree-law may be adopted in accordance with the sixteenth of October of thousand nine hundred forty-two law.
Third transitional provision.
The redundancies produced prior to the entry into force of this Royal Decree shall be governed in its substantive and procedural aspect by law on the date on which would take place.
Fourth transitional provision.
Companies and workers affected by higher to the enterprise level collective agreements entered into prior to the entry into force of the present Royal Decree-law may negotiate during your company agreement term.
Given in Madrid to four of March one thousand nine hundred seventy and seven.
JUAN CARLOS the Prime Minister, ADOLFO SUÁREZ GONZÁLEZ