Which collective agreement applies to my company?
Posted: Tue Jan 28, 2025 10:01 am
The regulation of a common labour framework is essential for economic progress and the advancement of any society. The concept of collective bargaining is embedded in every modern democracy under this purpose .
In Spain, the Workers' Statute itself is the text that includes this tool as one of the pillars of regulation of rights and obligations concerning the employment relationship.
These, together with the legal and regulatory provisions of the State, the will of the parties themselves, and local and professional uses and customs, determine each and every one of the sections included in the employment contracts .
However, when it comes to its application, the collective agreement often ends up becoming a biased wildcard for certain abuses, due to ignorance or illicit interests.
That is why today, at MÁSMÓVIL Negocios , we address its legal status lebanon number data from the point of view of companies and workers, and we delve into key concepts for its management on a day-to-day basis.
workers agreement
You may also be interested in: “ Smart Contracts: the great bureaucratic shortcut for SMEs ”
What exactly is a collective agreement?
It is known more as a crutch for contracts, which prevents the registration of concepts and amounts, than for what it implies in terms of labor rights and obligations .
In practice, the collective agreement is nothing more than an agreement signed by employers and workers (normally the latter's representatives) to establish the working conditions and obligations of both parties in the development of the activity.
They are often involved in cases of defense or accusation, and they set the minimum limits that support any type of modern work coexistence . What happens in the case of self-employed workers and SMEs?
The law makes no distinctions and requires them to apply collective agreements negotiated by unions and sector associations with a minimum representation of 10% at provincial, regional or state level.
Thus, every company and self-employed worker will be able to find out their corresponding agreement by consulting either the BOE or the Official Bulletin of the Autonomous Community of activity, in reference to the sector to which they belong.
This means that SMEs and self-employed workers are covered by the same collective agreements ( statutory ), and that larger companies have ad hoc agreements negotiated point by point with unions ( extra-statutory ).
Is it mandatory to have a collective agreement?
According to article 82.3 of the Workers' Statute: " collective agreements regulated by law are binding on all employers included within their scope of application and for the entire duration of their validity ."
That is to say, they are absolutely essential and not knowing them does not exempt you from compliance. It is not unusual to find companies that do not have specific agreements, but to which one applies “ similar economic and social conditions ”.
For example, " if your company is dedicated to web page design and you cannot find a specific agreement, the one for Offices and Desks could be understood as analogous ," recalls AyE.
Its importance is such that in the case of mergers or acquisitions , large firms take care to transfer employees from one applicable agreement to another.
This was, among other things, how CaixaBank changed its consulting agreement to that of savings banks after integrating the digital subsidiary CaixaBank neX into its parent company.
From the workplace to the collective agreement
In order to know which collective agreement applies in each case, it is first important to determine the worker's workplace . As stated in article 5 of the Statute, this is " the productive unit with a specific organization, which is registered as such with the labor authority ."
The possible ambiguity of its description has ended up defining, after various rulings by the Supreme Court, that the center is nothing more than the premises where employees usually go to carry out their workday.
" Ultimately, it is not the employer who decides where the workplace is located, but rather it is determined by the employment relationship ," they clarify from Cuestiones Laborales.
This space must be registered as a workplace by the company in order to avoid fines ranging from 626 euros to 6,250 euros . And yes, each of these “points” has a collective agreement.
It may be the case that a single centre shares several different applicable agreements . In this case, the one referring to the main activity of the business would be applicable, without prejudice to the others.
For all these reasons, for a worker who wants to know his own agreement, the centre is the most interesting starting point , although not the only one.
In Spain, the Workers' Statute itself is the text that includes this tool as one of the pillars of regulation of rights and obligations concerning the employment relationship.
These, together with the legal and regulatory provisions of the State, the will of the parties themselves, and local and professional uses and customs, determine each and every one of the sections included in the employment contracts .
However, when it comes to its application, the collective agreement often ends up becoming a biased wildcard for certain abuses, due to ignorance or illicit interests.
That is why today, at MÁSMÓVIL Negocios , we address its legal status lebanon number data from the point of view of companies and workers, and we delve into key concepts for its management on a day-to-day basis.
workers agreement
You may also be interested in: “ Smart Contracts: the great bureaucratic shortcut for SMEs ”
What exactly is a collective agreement?
It is known more as a crutch for contracts, which prevents the registration of concepts and amounts, than for what it implies in terms of labor rights and obligations .
In practice, the collective agreement is nothing more than an agreement signed by employers and workers (normally the latter's representatives) to establish the working conditions and obligations of both parties in the development of the activity.
They are often involved in cases of defense or accusation, and they set the minimum limits that support any type of modern work coexistence . What happens in the case of self-employed workers and SMEs?
The law makes no distinctions and requires them to apply collective agreements negotiated by unions and sector associations with a minimum representation of 10% at provincial, regional or state level.
Thus, every company and self-employed worker will be able to find out their corresponding agreement by consulting either the BOE or the Official Bulletin of the Autonomous Community of activity, in reference to the sector to which they belong.
This means that SMEs and self-employed workers are covered by the same collective agreements ( statutory ), and that larger companies have ad hoc agreements negotiated point by point with unions ( extra-statutory ).
Is it mandatory to have a collective agreement?
According to article 82.3 of the Workers' Statute: " collective agreements regulated by law are binding on all employers included within their scope of application and for the entire duration of their validity ."
That is to say, they are absolutely essential and not knowing them does not exempt you from compliance. It is not unusual to find companies that do not have specific agreements, but to which one applies “ similar economic and social conditions ”.
For example, " if your company is dedicated to web page design and you cannot find a specific agreement, the one for Offices and Desks could be understood as analogous ," recalls AyE.
Its importance is such that in the case of mergers or acquisitions , large firms take care to transfer employees from one applicable agreement to another.
This was, among other things, how CaixaBank changed its consulting agreement to that of savings banks after integrating the digital subsidiary CaixaBank neX into its parent company.
From the workplace to the collective agreement
In order to know which collective agreement applies in each case, it is first important to determine the worker's workplace . As stated in article 5 of the Statute, this is " the productive unit with a specific organization, which is registered as such with the labor authority ."
The possible ambiguity of its description has ended up defining, after various rulings by the Supreme Court, that the center is nothing more than the premises where employees usually go to carry out their workday.
" Ultimately, it is not the employer who decides where the workplace is located, but rather it is determined by the employment relationship ," they clarify from Cuestiones Laborales.
This space must be registered as a workplace by the company in order to avoid fines ranging from 626 euros to 6,250 euros . And yes, each of these “points” has a collective agreement.
It may be the case that a single centre shares several different applicable agreements . In this case, the one referring to the main activity of the business would be applicable, without prejudice to the others.
For all these reasons, for a worker who wants to know his own agreement, the centre is the most interesting starting point , although not the only one.