On 10 September the Spanish Labour Court issued its decision 95/2012 declaring that a sector-wide collective bargaining agreement ("CBA") (in this case, the recently adopted CBA for the cement sector) cannot force companies in the sector to set salaries above the amounts established by the sector CBA.
The structure of collective bargaining has indeed been changed by Act 3/2012. From now on, the specific conditions of employment established in plant-level CBAs (retributive amounts, among other issues) shall prevail over sector CBAs that provide for the same condition of employment.
Therefore, the decision follows the rule of prevalence on remuneration established by the Labour Reform in respect of plant-level CBA's.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.