What is The convenio colectivo?
The convenio colectivo is an agreement between the workers and the business managers of each company.
Be careful while taking and interpret a convenio colectivo, because there are two kind of convenio colectivo:
- Statutory collective agreements: Those agreements made in accordance with the Workers’ Statute are called statutory agreements and have the status of a legal norm recognised in Article 3.1 b of the Workers’ Statute. They affect all workers who fall under their scope of application.
- Extra-statutory collective agreements: Those agreements that have not been formalised in accordance with the provisions of the Workers’ Statute. In many cases, extra-statutory agreements are born as statutory agreements, but it is subsequently discovered that they are flawed in terms of legal standing or the procedure established in Title III of the Workers’ Statute. Affected in a limited way to workers who are represented by the parties that negotiated the agreement, i.e. it does not have universal application to the workers within its scope of application if they are not duly represented in the negotiation. This last paragraf means that, if your company has not active subscribed the extra-statutory collective agreement, it does not apply to your labour conditions, so youßll have the regular labour laws or an statutory collective agreements that applies.
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