Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6865
Seen the text of the agreement III employment and collective bargaining 2015, 2016 and 2017, (code of Convention No. 99100015092012), which was signed with date 8 June 2015, on one hand, by the Spanish Confederation of business organizations (CEOE) and the Spanish Confederation of the small and medium enterprises (CEPYME) and another by the trade union confederations of Comisiones Obreras (CC. OO) and of the General Union of workers (UGT), and in accordance with the provisions in article 83.2 regarding article 90, paragraphs 2 and 3, of the law of the Statute of workers, revised text approved by Royal Legislative Decree 1/1995, of 24 March, and in Royal Decree 713/2010 of 28 may on register and deposit agreements and collective work agreements, this General Directorate of employment meets: first.
Order the registration of the agreement in the corresponding register of conventions and collective work agreements with operation through electronic means of this Center Directors, with notice to the Negotiating Committee.
Have your publication in the «Official Gazette».
Madrid, 15 June 2015.-the General Director of employment, Xavier Jean Braulio Thibault Aranda.
(III) agreement for the employment and the negotiation collective 2015, 2016 and 2017 chapter I introduction collective bargaining is the natural space of the exercise of the collective autonomy of business and trade union organizations and the field appropriate to facilitate adaptability of enterprises, fix the conditions of work and models that improve productivity, create more wealth increase employment, improve the quality and contribute to social cohesion.
The establishment of shared criteria and guidelines makes it possible to deal with the processes of collective bargaining in a better position in the current economic situation and employment.
The AENC II is conceived in a scene of intense and growing deterioration of activity, production and employment, seeking to contribute to the increase of economic activity and employment. To this end the agreement pivoted on the moderate increase of prices and incomes to improve the competitiveness of the economy and internal flexibility as a tool to facilitate the competitive adaptation of enterprises, fostering greater stability in employment.
Confidence which has led to the assumption of the responsibilities contained in the agreement for employment and collective bargaining, having not yet reached all the goals proposed, has contributed to increased resistance to the downturn in the Spanish economy, wage moderation and a minor loss of jobs.
In 2015 is consolidating the recovery of the activity and a continuity is expected in 2016. However, the situation is still complex due to some factors that limit growth and make the Spanish economy more vulnerable to any episode of uncertainty. The most prominent include the high rate of unemployment, the bulging public deficit, the high level of debt, access to funding difficulties and high levels of inequality and social exclusion.
With respect to the labour market, it has left behind the strong set recorded in recent years and begins to generate employment at significant rates, although you must still increase its stability and occupation levels are far from the highs reached in 2007.
In view of the marked elements we must persist, with greater emphasis, in the objectives of previous, at the time agreements we are incorporating new content. That justifies the convenience of signing a new agreement for employment and collective bargaining.
We believe that Social dialogue and collective bargaining are working methods most appropriate for the proper functioning of the system of labour relations at all levels and to address reforms, changes and adaptations in the productive sectors and companies.
The ANC 2015-2017, balancing the represented interests of the different actors involved in collective bargaining, addresses a set of issues and interrelated criteria, which should be reflected in its translation to the collective agreements.
Thus we have established criteria in employment and recruitment - with special reference to the recruitment of young people - and professional qualification, training and restructuring processes, rights of information and consultation, equality of treatment and opportunities, safety and health at work, wage structure and determination of wage increases, needs for information, supplementary social security, flexibility instruments and working conditions , professional classification and functional mobility, management of working time, derogating from certain working conditions in agreements, teleworking, temporary disability, absenteeism, ultraactividad and negotiating process, joint committees and autonomous systems for resolving disputes.
The development and implementation of the commitments and objectives outlined would not be possible without a fast procedure of negotiation of agreements and resolution of any discrepancies in accordance with State or regional conflicts reconciliation systems; and without an adequate structuring and articulation in the various negociales fields.
In conclusion, 2015-2017 ANC approach to treatment of this set of materials in order to guide the negotiation of collective agreements for the same period.
Chapter II boost quality and employment with rights intense adjustment of the volume of employment in recent years in our labour market, affecting initially the temporary hiring for indefinite employment, then requires focus the priority objective of collective bargaining in the maintenance and recovery of quality employment.
It continues to maintain a high use of temporary contracts that need to be corrected to prevent the recovery of employment are channeled through temporality, without prejudice to maintaining a framework of temporary hiring that respond to short-term needs of production of goods and services.
To contribute to the best treatment of all these aspects we consider that collective agreements should have as objectives: • the maintenance and recovery of employment.
• The promotion of the stability of employment and the reduction of temporality, eliminating the unjustified, as a guarantee of competence for enterprises and security for workers.
• The development of information tools and analysis to facilitate adequate adaptation to the productive changes to follow up what has been agreed in collective bargaining.
• The establishment of instruments allowing companies to maintain and improve its position in the market and their productivity, internally adapt to changing circumstances and ensuring quality jobs with rights.
• The ongoing development of skills and professional qualifications.
• Compliance with the principle of equal treatment and non-discrimination in employment and working conditions, as well as the promotion of equal opportunities between women and men.
• The impact of the technologies of information and communication in the general development of production and labour relations.
1 job stability and modalities of engagement to achieve the goals before designated, collective agreements must assume and develop their competencies in accordance with the following criteria: to) promote the indefinite hiring in access to the labour market, the transformation of temporary contracts in fixed contracts, maintenance of employment and equal opportunities.
(b) to promote the proper use of the contractual arrangements so that the company's permanent needs are addressed with permanent contracts, discontinuous or seasonal activities with intermittent fixed contracts and short-term needs, where they exist, can be met with causal temporary contracts, directly or through companies of temporary work, and must not collective bargaining introduce newsrooms or covenants which denatured the causes provided for in el ET but reinforce the causality which justifies its use. Also collective agreements State sectoral level or, failing that, lower-level sectoral collective agreements may be extended up to over twelve months the legal maximum duration of contracts by work or particular service.
(c) analyze the scope of the Convention, and depending on their characteristics, availability and convenience, or not, to determine the overall volume of temporary hires, incorporating if precise definitions of references, margins or material and temporal boundaries to measure their application, which would lead to greater capabilities of flexibility internal in case of compliance.
(d) adopting formulas that avoid the unjustified chain of successive temporary contracts to cover a same job, with the aim of preventing abuses, taking into account remission which, in this matter, carried out the law on collective bargaining as the proper channel to meet the peculiarities of activity and jobs to cover.
(e) the form of the permanent part-time contract can be an alternative to temporary hiring or the completion of overtime in certain cases. To adequately serve this purpose, collective bargaining should play an important role through the extension of the maximum percentages of supplementary hours that can be made, but shall not exceed 60% of the ordinary hours contracted or 30% in the case of the additional hours of voluntary acceptance, and by improving the quality of this type of contracting especially to facilitate voluntary and to enable the development of professional life personal and work.
(f) the regulation of the period of test by collective bargaining for the purpose of facilitating the mutual knowledge of the Contracting Parties and also the appropriateness of the worker and their skills, as well as its prospects for professional development and the demand for their skills in the Organization of the company.
(g) the partial retirement and relief agreement must continue to be a suitable instrument for the maintenance of employment and the rejuvenation of templates.
Also, the signatory organizations consider appropriate instruments for the achievement of those aims, the retirements anticipated and measures early retirement linked to economic circumstances facing companies included in the law 27/2011, August 1, about updating, adaptation and modernization of the Social security system.
(h) to promote the hiring of workers with greater difficulties for incorporation in the labor market: older than 45 years, unemployed long play and people with disabilities, taking into account the bonuses to the procurement system.
(i) establish mechanisms of monitoring and control of the evolution of employment and recruitment in sectors when in employment, measures in order to share the result of the implemented measures of promotion of the same.
(j) with regard to subcontracting and productive outsourcing and subrogation of activities, employment and working conditions, to the importance and extent acquired by different forms of organization productive and corporate, in a context of increased outsourcing of activities by companies that has given rise to legal regulations which set out information for the representation of workers rights the signatories of this agreement deem it necessary that collective bargaining will help to facilitate the implementation of the provisions of article 42 of the ET. This will result in the job security and the fulfilment of conditions laid down legal and conventionally.
The ability of representation and scope of action of the representatives of the workers, as well as their time credit, are determined by law and, where appropriate, by application of collective agreements.
In this sense, business and trade union organizations agree that new forms of productive and corporate organization, that sometimes are a remarkable complexity, shouldn't be the failure of the corresponding conventional regulation, or illegal transfer of workers.
(k) ensure, in the context of internationalization, that applies to workers employed abroad or transferred or displaced persons to our country, the provisions referred to in the corresponding collective bargaining agreement to place and centre of employment in Spain, whether agreement or collective sector or company, and whatever the geographical application of the corresponding agreement.
2 recruitment of young business and trade union organizations share the concern of the serious problem of youth unemployment in Spain. Why collective bargaining should pay special attention to this group and encourage the hiring of young people, promoting training contracts and the dual training, as a way of their labour insertion and qualification, promoting the definitive incorporation in the company of these workers, once completed the training contract, within the framework of the youth guarantee scheme.
Also, collective bargaining should in this respect: • foster that in the hiring or promotion of young people are taken into account their qualifications, academic, professional or occupational or professional experience in order to provide them with jobs suitable to them.
• Prioritize access of young people to the training offer of the company and individual training permits as well as facilitating their participation in procedures for the recognition of work experience that allow them to improve their personal and professional qualifications.
• Establish specific mechanisms for the monitoring of the effective implementation of the training objectives as an instrument suitable for incorporation into the labor market.
• Promote incentive measures for the recruitment of young people, preferably through the recruitment against the use of non-labour practices in the companies.
3. formation and professional qualification • business and trade union organizations consider fundamental to contribute through collective bargaining to achieve the objectives of training through the definition of criteria and priorities in terms of: a. development of the individual right to training established by law 3/2012, on urgent measures for the reform of the labour market, including the penalties for breach of the worker. Facilitate the implementation of individual training permits collected in national agreements. Support to the training activities.
b. training needs, to develop initiatives and collective priority to improve their employability.
c. promotion of bipartite sectoral and cross-sectoral instruments in the definition of training. Elaborate a sectoral (simplified and rational). Collaboration with the national reference centres in the design and implementation of innovative actions.
d. development of theoretical training in the contract for training and learning.
e. rights and obligations in relation to the training.
f facilitate the application of subsidies and the right to information of the legal representation of the workers.
g evaluation of formation, its use and impact.
h. evaluation and development of the recognition and accreditation of professional competence.
i. guidance to workers and development of learning paths consistent with the needs of companies and workers.
j training references in the classification, mobility, promotion and career planning.
k improvement of the quality of training actions and the efficiency of the funds for training.
• Possibility of State-level sectoral bargaining to set criteria and priorities applicable to the sectoral training throughout the national territory.
• Attend to the role that may play the bipartite entities that are established in the new model, especially in identifying needs, setting training priorities, or the follow-up and evaluation of training policies.
4 restructuring processes • leverage measures of suspension of contracts and temporary reduction in working hours to deal with short-term situations, with maintenance of employment through collective bargaining.
• The management of restructuring will be addressed to the social consequences relating to the conditions of enterprises, the fiscal regime, national legislation, collective agreements and the needs of workers.
• The explanation and justification for the changes and measures of reorganization and restructuring, addressing possible alternatives, such as internal or external reclassification, conversion, training and support for the creation of companies, pensions, personal for workers or agreements to diversify the forms of employment, relocations and other accompanying measures.
• Transparent processes with periods sufficient consultation with the representation of workers, upon delivery of all mandatory information and recourse to mediation and arbitration procedures to resolve the discrepancies in the negotiation. Since the beginning of the process the mixed and joint committees of the sectoral collective agreements must assume possibilities of mediation and intervention.
In the process of restructuring should take into account, in addition, the territorial dimension, given the impact of economic and social changes on the set of a region or territory, and the specific situation of small and medium-sized enterprises, taking into account the special situation in areas or sectors undergoing restructuring.
Through collective bargaining, it is convenient to introduce measures to prevent or avoid restructuring by environmental causes that might affect the competitiveness and employment. The technological upgrading of enterprises is in a more favorable position of competitiveness and overcome the impacts that might result from compliance with environmental regulations.
Changes ahead: sectoral observatories.
• The development of the employability of workers and productive investment should be addressed in the context of labour relations, with procedures for information, consultation and negotiation in the company, in order to anticipate changes and possible restructuring.
• Analysis of competitiveness and employment in the economy in general Spanish, and in particular specific sectors, should be allowed to identify the strengths, weaknesses, and conditions framework that need to be improved.
• Sectoral observatories, formed at the State level, by agreement of the Union of industry and business organizations are appropriate instruments to develop this work and can contribute to define the measures which anticipate structural, in sectors and companies change, analyzing the situation and future prospects in matters such as the position of the companies in the market international competitiveness especially in Europe, technological development, environmental issues, the evolution of productivity, the maintenance and creation of employment, the training needs, equality of opportunities, etc., with special attention to small and medium-sized enterprises.
5. rights of information and consultation, respect, to develop and facilitate (setting procedures) the rights recognized by the legislation (national, community and international) in the field of information and consultation, which collective bargaining shall take into account the following aspects:-in each company: • information about the economic situation of the company and the evolution of its activities; estimates on the volume and type of contracts; statistics on the rate of absenteeism and its causes; the implementation of the right to equal treatment and opportunities; and other matters in the terms provided for in article 64 of the ET.
• Address in collective agreements the impact of information technologies and communication in relationships, establishing channels of communication between the parties and as a vehicle for information workers by the RLT, who shall be a rational use.
• Information to the representatives of the employees on environmental actions which have direct impact on employment, working conditions or territorial environment.
• The ability of representation and scope of action of the representatives of the workers, as well as their time credit, are determined by the provisions of collective agreements of application according to the legislation in force.
-In network companies: • information by the main company and contractor employees and the legal representation of the same outsourcing processes, pursuant to article 42 of the ET, which will contribute to the employment security and labour conditions conventionally and legal compliance.
• Information by the user enterprise to the representatives of workers on contracts for provision with temporary employment firms, giving them a basic copy of the contract of employment or of service order.
• Information to workers about the means of coordination established to protect and prevent occupational risks in the workplace, in the terms provided for in article 24 of the law on prevention of occupational risks.
• When companies, main, contractor and subcontractor, continuously share a centre of labour, the first must have a log book in which is reflected the information referred to in article 42.4 of the Statute of workers with respect to all of the aforementioned companies. This book will be available to the legal representatives of the workers.
• Workers of the companies contractors and subcontractors when they do not have legal representation shall be entitled to ask the representatives of the workers of the main company issues relating to the conditions of execution of the work, while they share workplace and lack of representation. The provisions of the preceding paragraph shall not apply to claims of the worker with respect to the enterprise on which it depends.
• The legal representatives of the workers of the main company and the companies contractors and subcontractors, as they share continuously work center, may meet for the purpose of coordination between them and with regard to the conditions for performance of the work under the terms laid down in article 81 of the Statute of workers, and media to be determined through collective bargaining, sectoral or company.
-In Community-scale companies: • economic and labour information in European corporations or European cooperatives, in accordance with the mechanisms of information, consultation and participation provided for by law 31/2006, of 18 October, on the involvement of employees in European corporations and cooperative societies.
6. equality of treatment and opportunities the business and trade union organizations share the need to promote equality of treatment and opportunities in employment to respond, so much to the diversity of the labour market, how to maximize the impact and benefits companies who have the presence of heterogeneous templates in terms of sex, age, sexual orientation, nationality , racial or ethnic origin, disability, religious beliefs,...
Also, we consider that it is necessary to move forward in the work life balance personal, work and family, that we must make compatible with greater competitiveness of the companies, whose achievement can contribute collective bargaining for its proximity to the needs of companies and workers.
Ensure equality, by establishing, where appropriate, measures or criteria in the collective bargaining process that contribute to overcoming possible situations of inequality in which persons can be found in the workplace, by these or other personal or social circumstances, has a positive effect that goes beyond the Centre of work and those to whom a collective agreement applies. An effect that reaches to the whole society because the employment equality, is the main element of social integration of all people and the engine of development and the cohesion of a society. Collective bargaining, allows us to Trade Union and employers, organizations contribute to the equality of treatment and opportunities in companies responding to the current diversity of templates and the society and achieving the human, social and economic potential involved in this diversity.
To achieve this goal, the collective agreements in the field of their competence should: • advance the development of guiding criteria for measures which promote equal opportunities, with full exercise of collective autonomy.
• Promote anti-discrimination clauses that allow to adapt the content of the agreements to the regulations, and contribute to the establishment of an equitable framework for the development of working conditions.
• Promote equal treatment and opportunities, due to personal and/or social circumstances addressing measures or guidelines relating to equality between women and men, migrant workers, workers with disabilities.
Gender equality: • include criteria in the field of equal opportunities between men and women, to take into account in collective bargaining, above: incorporation of affirmative action clauses; establishment of selection, classification, promotion, and training systems; Elimination of sexist in the professional classification designations; correction of pay differences.
• Incorporate measures or criteria that will improve the access to employment, promotion and training, paying particular attention to the recruitment of women in sectors where they are under-represented.
• Move those matters that the Statute of workers or the organic law for the effective equality of women and men forward to collective bargaining or the agreement with the employer.
• Address at sectoral level criteria relating to the contents of plans relating to their areas of application, evaluation, monitoring, management, and resolution of discrepancies.
• Measures for reconciliation of work and personal/family life that is compatible to the needs of workers and firms.
• Address the prevention of sexual harassment and harassment on grounds of sex, through preventive measures such as the negotiation of protocols allowing to eradicate this type of actions and attitudes in enterprises.
• To facilitate the effective exercise of the rights recognized in the workplace to victims of gender-based violence by organic law 1/2004, of 28 December, measures of integral protection against gender-based violence through collective bargaining.
People with disabilities: • to foster collective bargaining through the incorporation into employment of workers with disabilities, according to factors such as the characteristics of the sectors and companies, capabilities and skills of the workers and the possible adaptation of workplaces.
• Promote the effective recruitment of persons with disabilities and comply with the booking fee of 2% in companies of more than 50 people on staff, with the possibility of developing alternative measures referred to in article 42 of the General Law of the rights of the people with disabilities and contained in Royal Decree 364/2005, of 8 April which regulates alternative compliance with the exceptional nature of the reservation in favour of workers with disabilities share. To facilitate this goal, move forward in the identification of activities and jobs that may have less difficulties for its coverage for people with disabilities.
• Contribute through collective bargaining to the establishment of an equitable framework for the development of the working conditions of people with disabilities, so that equality is guaranteed in all the employment relationship.
• How many reasonable adjustments are necessary, for a correct adjustment of the post of the disability in question, so that persons with disabilities to develop their productive work without constraints that undermine or hinder the use of their knowledge and skills.
• Promote professional training actions are properly adapted to different disabilities which appear working people; so that they can participate on equal terms to the whole of the template.
• To facilitate the transition of workers in special employment centres to regular employment through collective bargaining.
• Ensure that corporate partners who have a work enclave adapt their facilities and workplaces to the needs of the workers of the special employment centre, in the terms laid down in the rules of prevention of occupational risks.
7. safety and health in the workplace while in 2003 began a trend of reduction of the rates of work accidents, which has been consolidated in recent years, this must not lead us to relax the work done so far, so it should continue with the effort at all levels, including collective bargaining.
As we have repeatedly made manifest, CEOE, CEPYME, CCOO and UGT share the commitment to contribute more effectively to the prevention of occupational risks and to reduce work accidents in Spain. Therefore we consider it important to strengthen the role of the social partners within the framework of the new Spanish strategy for safety and health at work.
In the specific context of collective bargaining, wish to reiterate some criteria on safety and health at work: • integration of prevention: remember that preventive in the company activity should be integrated through the implementation of a documented occupational risk prevention Plan. Planning of preventive activity has to pass by avoiding risks and if not they will be assessed and measures of protection. Why should avoid adopting the conventions of commitments relating to bonuses of arduousness, toxicity, or endangerment, related to specific occupational risks, since they collide with the guiding principles for the prevention.
• In the field of health surveillance: since the entry into force of the Act of PRL have been recommending collective agreements progress in the gradual replacement of the awards of General and unspecific to replace them by specific health examinations aimed at a proper compliance with the rules. This recommendation remains fully in force currently.
The preventive implications of these specific examinations need to be translated to encourage detection of occupational diseases and in the implementation of concrete measures in the jobs that prevent them.
The effect on health, derived from exposure to risks, must be taken into account and for the review, adjustment and correction of the assessment of risks and conditions of work, with a preventive approach.
• Training: training on the risks involved in the jobs shown as one of the most appropriate tools to promote the culture of prevention and attitudinal changes. Therefore, in lower or sectoral level collective agreements, it is advisable to include - guidance - the content and the duration of specific training and prevention of delegates, depending on the hazards of each place of work or function.
• Other matters: with regard to the designation of delegates of prevention, in the sectoral areas, may be negotiated the establishment of procedures other than those provided for legally, always ensure that the Faculty of designation corresponds to the representatives of workers or the workers themselves.
It is recommended that time credit of prevention representatives be included in collective agreements of the possible broader sectoral and territorial scope.
You can also negotiate the inclusion criteria and the ways in which the delegates of prevention have collaborate with the company management on the improvement of preventive action, through training and information for the implementation, promotion and development of cooperation of the workers in the implementation of the standards and measures of prevention and protection of occupational risks companies.
On the other hand, is considered the State sectoral collective bargaining constitutes a field suitable for the promotion, development and application of the effective fulfillment of the duties and responsibilities of employers and employees in the field of safety and health at work. In this regard, the commitment of the worker and the employer with compliance with the legislation on occupational risk prevention, according to the Spanish strategy for safety and health at work should be strengthened.
In addition, procedures for information and consultation relating to the development of prevention plans, and risk assessments may addressed in collective agreements.
Equally, it would be convenient to deal with the problems resulting from the consumption of alcohol, drugs and other substances and establish instruments, within the framework of the prevention of accidents at work, identify and seek solution to situations and risks arising from consumption.
On the other hand, in line with the coordination of business activities marked by article 24 of the LPRL and developed by RD 171/2004, may include provisions concerning the procedures for information and consultation on the risks arising from the attendance of business activities and the means of coordination established in such cases, as well as promote mechanisms to facilitate the coordination of business activities in prevention attending to the difficulties of each sector.
• Occupational stress and violence at work: work-related stress and violence at work are a growing concern of employers and workers, which has reflected at European level with the subscription, UNICE, UEAPME, CEEP, and the European Trade Union Confederation, of the European framework agreement on work-related stress in 2004 and the European Agreement on violence at work (AMEVA) in 2007 whose contents should serve as a reference when addressing these matters in the conventions.
Chapter III criteria in the salary field in the current economic context, the signatory organizations of the present NCSA declare the intention to carry out, during its term, a wage policy contributing simultaneously to the economic recovery, job creation and the improvement of the competitiveness of Spanish companies.
To achieve this, we agree that a step forward in the growth of wages, where permitted by the economic reality of the sectors and companies, and the absence of inflationary pressures in the Spanish economy, will contribute to increase the purchasing power of workers and to continue to improve our competitiveness and thereby to preserve and create jobs.
1. wage structure collective agreements promoting the rationalization of pay structures, in order to renovate the retributive concepts with objective criteria and equity, giving entry to those who are linked to productivity and results in the company and taking into account their different nature, also allow maximum adaptation to the specific circumstances of the company and to avoid unfair competition.
In this sense, collective bargaining is the instrument suitable to establish the definition and criteria of one salary structure (concepts, variable, minimum wages, supplements, or other) to sectoral and business reality, taking into account their direct relationship with the new systems of organization of work and the incentives to the production, quality or results , among others.
To this end, in the definition of the variable concepts should be taken into consideration criteria of objectivity and clarity in its implementation; the delimitation of percentages of variable remuneration on the total compensation; the rights of information and participation in the company of the representatives of the workers and the consideration of the realities specific to each sector or company.
2. criteria for the determination of salary increases the Spanish economy began a recovery process in 2014, with a GDP growth of 1.4% and the Outlook for 2015 and 2016 are consolidation of the economic recovery. Domestic demand led by the household consumption and business investment were the main bastions of economic recovery, supported by greater stability of financial markets and an improvement in confidence. In this environment, the labour market began to create jobs by 2014.
This does not mean that the crisis, expired as persistent factors that limit the recovery and reduce the potential for economic growth and welfare such as: the high rate of unemployment, the high level of public and private indebtedness, the decline in per capita GDP and the increase in inequality. Factors that joins an international context with some uncertainties.
In this context, the salaries negotiated in the coming years should behave according to the following guidelines, are oriented to the maintenance and/or the creation of quality employment: wage increase to 2015: up to 1%.
Salary increase by 2016: up to 1.5%.
Agreements negotiated under the previous guidelines should take into account that the sum of the salaries of 2015 and 2016 will be greater than the sum of the inflation of both years, proportional based on the initially agreed-upon wages.
To determine the increase to be applied to wages negotiated in collective agreements for the year 2017, the signatory organizations will take as a reference the evolution of GDP in 2016 and the macroeconomic table of the Government to 2017, and will realized it in the three months following the publication of the latter.
Based on the previous guidelines, negotiators must take into account the specific circumstances of their field to set the wage conditions, in such a way that the percentages of salary increase may vary in each sector or company within the limits deriving from the increase in productivity, measured in accordance with the parameters that establish the negotiators, and employment. So that the resulting figure will allow the sectors and companies, in particular the open to international competition, at least, maintain its current position and not be disadvantaged with respect to its competitors.
Also, in the conventions of company also other elements may be taken into account to determine additional remuneration increments, provided that they are established on the basis of known by the negotiating parties, quantified and measurable indicators. These salary increases will be allocated preferably to remuneration of variable character.
3 information needs of the organisations that signed the agreement consider it necessary that negotiators have economic information and accurate forecasts of activity to ensure the monitoring of parameters that have referenced the salary increase or variable remuneration.
It is very important for the Government to develop as soon as possible its commitment agreement proposals for tripartite negotiations to strengthen economic growth and employment establish an obligation to incorporate the code of collective agreement to which they are assigned companies on information provided by Social Security, as well as subsequently, and based on those data allowing the Administration to provide periodically negotiators all economic information related to the Convention and contained in administrative records.
Also, in line with the provisions of the arrangement, additional second of the Royal Decree-Law 7/2011 10 June, on urgent measures for the reform of collective bargaining, should explore additional lines of knowledge, different statistical sheets of collective agreements, which allow full and rigorous information on the location and contents of collective bargaining.
4. complementary social welfare organizations signatories of this agreement share a positive valuation on the supplementary Social security systems and we have considered suitable to addressing development in the context of collective bargaining.
Actions in the business field in relation to the complementary Social Security should be based on their voluntary nature and rating in correlation with the public pension system.
Chapter IV negotiated flexibility instruments. Conditions of work CEOE, CEPYME, CCOO and UGT will consider internal adaptation mechanisms are preferred to the external and template settings, therefore the agreements should have internal flexibility as a tool to facilitate the competitive adaptation of enterprises and to maintain employment, stability, and quality and productive activity, with an appropriate balance between flexibility for enterprises and security for workers.
Accordingly, the collective agreement is the appropriate instrument to the signatory organizations to articulate the flexible use in the company of elements such as the working time and the functional mobility, while respecting the legal provisions and with appropriate safeguards for workers and companies.
For this reason the collective agreement may regulate criteria, causes and procedures in the implementation of measures of flexibility, as well as agile procedures of adaptation and modification of what has been agreed, with the participation, in both cases, the representation of workers, and the intervention in case of disagreement of the joint committees and dispute resolution systems. Also included provisions for a flexible and effective solution of the assumptions of lock in periods of consultation and negotiation in the precepts of the ET affected by internal flexibility.
At these effects sectoral agreements should lead to bargaining in the company, at the initiative of the parties concerned, day, functions and wages as the most suitable area to set up these concepts, enhancing the involvement of the unions, this without prejudice to alternative complementary company agreements, such as agreements or enterprise agreements signed by subjects legitimized in article 87.1 of the ET.
1. professional classification and functional mobility collective agreements shall establish systems of professional classification of workers through professional groups, setting procedures of adaptation for the case that the classification remains in professional categories. Also must empower agile instruments to functional mobility operate as mechanism of internal flexibility and adaptation by companies, respecting in any case the rights and guarantees of workers and their representatives.
Functional mobility should not be other restrictions than those required by membership of the professional group or, where appropriate, by the qualifications required to perform the labor provision.
However, collective agreements may provide for the realization of functions other than those belonging to the professional group when technical or organisational reasons justifying it, as defined in article 41.1 of the ET, and long enough, without that it does not exceed six months in a year or eight months in two years, and must the employer reporting this situation with the maximum speed to the representation of workers.
Mobility shall respect the rights corresponding to the new features unless they are lower, in which case the retribution of origin, will be maintained without that causes target dismissal for incompetence occurring or lack of adaptation in such cases may be invoked. They also operate clauses of ascent and the compensation, where appropriate, in the terms provided for in the ET.
In all cases of functional mobility must ensure information, fitness and training on new features and the respect for the personal dignity and professional development.
On the other hand, collective agreements and company agreements can address the functional versatility and its effects on remuneration matters.
2 management of working time in order to achieve a better adaptation to the needs of companies and workers, in order to maintain activity and employment, collective agreements may promote flexible working time and its realization management in the company, avoiding the completion of overtime, except those strictly necessary under article 35.3 of the ET respecting, in any case, the legal provisions, with appropriate safeguards for company and workers.
So the minimum content of the Convention should set the annual computation of the day and its irregular distribution as a tool to avoid, whenever possible, overtime or temporary recruitment; and the compensation of differences, by excess or defect, arising from the irregular distribution of the day.
Sectoral conventions and especially the provincials, for its proximity to the company, should set the General rules of the flexibility of working time.
Moreover, sectoral agreements will promote a negotiated adaptation at the level of the undertaking has been agreed in the sector, with the participation of the representation of the workers or, in their absence, negotiated with the unions signatory of the sectoral agreement.
In addition, conventions, especially those of the company, should promote the rationalization of working hours, taking into account the specificities of each sector or company, in order to improve productivity and facilitate the reconciliation of work and personal life, respecting in any case the legal minimum in terms of daily, weekly and annual breaks.
On the basis of the above, the collective agreements provide that entrepreneur to unevenly distribute 10% of the ordinary annual Conference, and can affect the maximum working weekly or monthly and daily schedules, without prejudice to the respect of the limits laid down in the Statute of workers. Also, collective agreements will enable the entrepreneur have a bag of hours per year, in that you can alter the distribution provided for in the annual calendar, and shall lay down the criteria and procedures for the application of such stock exchange hours.
In any case the flexibility of working time should be accompanied by guarantees and security for the people, that enable you to combine work with their personal and family life time.
3. non-application of certain working conditions in agreements for the assumption of non-implementation will proceed in accordance with article 82.3 of the ET.
Where collective agreements exist clauses of non-application of the conditions laid down in the Convention, with the aim of ensuring the maintenance of employment and as an instrument of internal flexibility that avoids both temporal and receive, regulating employment records must be kept in mind, in addition to the need that the derogating agreement must be notified to the Joint Committee of the collective agreement , the following aspects: • documentation: the documentation delivered by the company will be necessary so that the representation of workers can have a reliable knowledge of the causes alleged for the failure.
• Temporal duration of the failure: given the exceptional nature of this measure, the duration could vary according to the circumstances that motivate the failure, without that it may be greater than the period of validity of the agreement applied and in no case be extended beyond the time where applicable a new Convention in this company.
• The agreement of non-implementation: the non-application of the collective agreement in any way must produce a vacuum of regulation regarding working conditions whose derogating agreed, so the agreement derogating shall determine regulation substitute of the contained in the collective agreement inaplicado.
Derogating agreement may not make the breach of obligations established in the Convention concerning the Elimination of compensation discrimination on grounds of gender or that were provided, where appropriate, in the equality Plan applicable in the company.
4 telework from the recognition by both sides of telework as a means of modernising the organisation of work to make compatible the flexibility for enterprises and security for workers, consider opportune to establish some criteria that can be used by companies and by the workers and their representatives: • the voluntary and reversible nature of telework, both for the worker and the company.
• Equal rights, legal and conventional, teleworkers with respect to comparable workers who work in the company's facilities.
• The desirability that regulate aspects such as privacy, confidentiality, prevention of risks, facilities, training, etc.
Beyond these criteria, business and trade union organizations return to remember the content of the European framework agreement on telework, signed by the European social partners in July 2002, and revised in 2009, which includes guidelines for the development of teleworking.
5. temporary disability in order to promote the management and control of the situations of ITCC collective agreements should: • promote measures to improve the management and control of the situation by ITCC, as well as include criteria aimed at reducing the rates of absenteeism in the company.
• Rationalize the establishment of public provision by ITCC furnishing, linking it to the purpose mentioned above.
6 absenteeism unjustified absenteeism means a loss of productivity and impact negatively on labor costs, hurting the competitiveness of enterprises and the possibility of improving the levels of employment and income of workers this.
The reduction of the truancy at sectoral level or company should be a goal shared by the representation of Association and business, given that is projected on the conditions of work, the working environment, productivity and the health of workers.
To be able to deal with it, the company must have a thorough knowledge of their absenteeism: its causes, the circumstances surrounding it, cost, etc. Any solution requires a successful shared diagnosis, as well as the development of methodologies appropriate to the reality and simple.
To that end, collective agreements should analyse the causes of unjustified absenteeism and establish criteria to reduce it, define monitoring and evaluation with the representation of workers and, where necessary, corrective measures and control mechanisms.
Chapter V collective bargaining 1. Ultraactividad and negotiation process to preserve the validity of the agreements and to minimise blockages in the negotiation, was proposed to the negotiating parties act, first of all, on the regulation of the ultraactividad and, where appropriate, also use the option of partial agreements during the negotiation process for the renewal of the Convention or the Constitution of a new bargaining unit.
With respect to the conventional regulation of the ultraactividad, the following measures are proposed: • the renewal and updating of conventions, in order to the competitiveness of companies and the stability of employment of workers, basically respecting the autonomy of the bargaining units. Enabling the continuation of bargaining units, giving priority to the good faith negotiation.
• It is necessary for collective agreements to do a proper review and innovation to ensure greater efficiency.
• Negotiators should commit to continue the negotiating process in order to promote the agreement, determining what terms will take place the maintenance of the Convention expires during the mutually agreed process. Each of the parties may decide that the negotiation is dead and therefore urge the mediation compulsory or voluntary arbitration.
• For the resolution of the blocking of the negotiations the negotiating parties must go to the systems of autonomous settlement of disputes set out in the field (V ASAC) State and regional character.
• The organisations that signed this agreement will promote all actions necessary for the impulse and the renewal of the collective agreements according to the collected here, and compliance with previous recommendations by organizations and companies dependent on them.
During the negotiating process, partial agreements on specific subjects which must be formalized in writing and bring to registration with the labour authority for publication can be. In those agreements, you must set the connection with the collective agreement and its temporal validity.
The trade union confederations and business signatories of this interprofessional agreement deem it necessary to get a transparent and effective, collective bargaining so urging the negotiating parties to that constituted the negotiating table, establish a procedure to give agility and security trading, including measures such as: • calendar of meetings.
• Formalization of meeting requests, including topics, documentation and proposals.
• Development and signing of meeting, where the positions of the parties, the agreements and disagreements are collected.
Commitment to attend mediation procedures for resolving disagreements on specific subjects during the negotiating process, and to arbitration if the Convention provides for • or the parties decide.
• Delegate to a person of each negotiating party to perform any of the procedures that are necessary to the labour authority.
• Ensure a significant improvement in the technical-regulatory agreements, so as to achieve greater clarity and simplification of the clauses, making them more accessible in their understanding to workers and employers, and causing less interpretive conflicts in your application.
It is equally necessary to give security to the agreements reached and to facilitate public and statistical knowledge of collective bargaining that the negotiating parties promptly meet the obligation of the official record of all proceedings related to a Convention or collective agreement. In particular, and given problems that is causing for the knowledge of the actual state of collective bargaining the lack of registration of some formalities, draws attention to the need to register with the labour authority as follows: • the denunciation of the Convention before the end of the term agreed, although the automatic denunciation has been agreed.
• The economic effects of the automatic extension of an agreement when it has not been condemns express or automatic, both if it has planned a variation of salary as if there is no variation that must be computed as a pay freeze, with value equal to 0%.
• The annual review of the economic effects of all years of entry into force of a Convention, but they have not had a wage variation.
• Amendments to conventions.
• Partial agreements that may occur during the process of renewal or signing of the agreement.
2. joint committees and autonomous systems of dispute resolution joint committees: is considered suitable, by collective agreement, will boost the functions established by law to the Joint Commission and in particular the following:-Preprosthetic autonomous conflict resolution: • in processes of consultation in the company by derogating from the collective agreement (art. 82 ET) that do not reach agreement in this field.
• Discrepancies arising pursuant to the legal mandate by negotiating collective or, failing that, agreement between the company and the representatives of the workers, establishment of professional workers by occupational groups classification system.
-In the process of failure, when the consultation period ends with agreement, it shall be notified to the Joint Committee of the collective agreement subject to derogating.
Also it would be desirable that: • in the case of sectoral agreements, the integral parts of the Joint Commission commit themselves to exchange information on new bargaining units that have been created in the scope of the Convention.
• Collective agreements provide for the possibility that, in cases of substantial on working conditions change (art. 41 ET) and regulation of employment (art. 47 and 51 ET), businessman and the representation of workers can remember anytime substitution consultation period by intervention of preferential form of the Joint Commission of the Convention , without prejudice to the procedure of mediation or arbitration that applicable at the level of the undertaking.
The intervention of the Joint Commission or the mediation or arbitration proceedings shall develop within the period designated for that period of consultations by legal regulation.
Together with the definition of the functions that are attributed to the Joint Commission, a procedure of regular operation must be set to solve quickly and effectively consultations and/or conflicts arriving from workplaces.
The collective agreement of any field, should regulate procedures to apply in relation to each subject on which, by legal or conventional standard, is provided for the intervention of the Joint Commission, indicating communication and/or, where appropriate, time resolution; the documentation presented by the company or by any of the parties concerned and audience guarantees.
Autonomous settlement of labour disputes.
Business confederations and trade unions signatories to this agreement, are fully committed to enhancing the role of autonomous solution agencies existing in each autonomous community and statewide, so call the negotiating parties to promote its use, established within the framework of the collective agreement commitments and express references of use and active collaboration with them in the procedures of mediation and/or arbitration in collective disputes especially including the Covenant on arbitration in the event of failure of the collective agreement and, where appropriate, individual, that may arise at the sectoral level or in the field of business.
In the event that a sectoral Convention signatory organizations have opted to be a specific body for mediation and arbitration in autonomous conflict resolution system, laid down in the ASAC V, must regulate both the assumptions and the procedure to be followed in detail, in accordance with the contents of the ASAC V and the rules of functioning of the Foundation pit and must expressly request their incorporation into the system before the Advisory Committee of the ASAC V.
Chapter VI legal nature and areas of the Interconfederal agreement 1. Legal nature and functional area • the signatory organizations, which have the condition of more representative at the State level, they directly assume the commitments of the agreement and are obliged, therefore, to adjust his behavior and actions to what has been agreed, can each claim the other the fulfilment of tasks or duties agreed.
• Also consider that agreement matters are interrelated elements and that the treatment of the subjects in collective agreements can encourage entrepreneurship and employment.
• The undersigned confederations must intensify efforts to establish with their respective organizations in sectors or branches of activity, without prejudice to the collective autonomy of the parties, mechanisms and appropriate channels that allow them to accept and adjust their behaviour for the application of the criteria, guidelines and recommendations contained in this agreement whose nature is obligacional.
2. temporary scope • validity: three years (2015-2017).
• The undersigned organizations will meet three months before the end of the year 2017, in order to start negotiations of a new Interconfederal agreement for collective bargaining with the validity to be determined.
3 Monitoring Committee • is an Advisory Committee comprising three representatives of each of the signatory organisations of this agreement.
• Such a Commission have entrusted the interpretation, implementation and monitoring of the agreement.
• At the request of a party, formulated through any of the signatory organizations, this Commission may bring his good offices to resolve many discrepancies appear in the interpretation and application of the here provided for the negotiation of collective agreements.
• During the term of the agreement the Advisory Committee will be assigned tasks and articulate work groups that consider the parties agreed. In this respect it will continue the equality of treatment and opportunities working group, created in 2014 and whose works, once concluded, will rise to the Advisory Committee.
• The Advisory Committee shall adopt its rules of operation at the first meeting held.
CEOE, President, Juan Rosell Lastortras. - by CEPYME, President, Antonio Garamendi Lecanda. - by CC. OO., Secretary General, Ignacio Fernández Toxo. - by UGT, General Secretary, Cándido Méndez Rodríguez.
Search Translated Laws of Spain