Spain: courts again reject multiservice companies collective agreements

Ten or so of the forty-six multiservice companies that were affected by the Social Chamber of Spain’s National court cancellation of their collective agreements had opted to continue the legal battle all the way to the Supreme court. During the week of 06 March the Supreme Court handed down a ruling that confirmed the invalidity of the agreements that were signed by three of the appellants on the grounds that they had not been negotiated under the conditions necessary to render them valid. The ruling represents a victory for the unions that have been fighting a legal battle against these types of collective agreements which are designed to sidestep sectoral agreements and as a result lower the working conditions and salaries of the employees concerned.
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Absence of representation. Magistrates at the Supreme court have followed in the footsteps of the Spain’s National court (c.f. article No. 9873). In order to better represent all relevant workers, employee representatives who negotiate collective agreements within companies that operate across several sites must belong to more than a single employment site or to a single business activity. This was lacking for the companies hit with this recent ruling.

The Supreme court’s decision concerned...

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