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

Abstract

The right to collective bargaining and the binding character of collective agreements is enshrined in the Spanish Constitution (Artículo 37.1). Moreover, 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, provided certain requirements are fulfilled. This paper examines the sector-level bargaining and the possibilities for deviations at company level in Spain.