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22/02/2011

Sector-level bargaining and possibilities for deviations at company level: Spain

EF/10/87/EN/6


The right to collective bargaining and the binding character of collective agreements is enshrined in the Spanish Constitution (Section 37.1). The system of collective bargaining is thoroughly regulated in Title III of the Workers’ Statute. In particular, Section 82.3 establishes the legally binding character of collective agreements negotiated in conformity with the rules of the Workers’ Statute. However, the same provision stipulates (as an exception to the general rule) that company agreements may deviate from the wages set by a statutory collective agreement negotiated at a higher level, providing certain requirements are fulfilled.

author(s): European Foundation for the Improvement of Living and Working Conditions. N. Ramos Martín (University of Amsterdam -Amsterdam Institute of Advanced Labour Studies)
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