SPAIN Law and Practice Contributed by: José Antonio Segovia, A&O Shearman
6. Collective Relations 6.1 Unions
• during this time, while the employment relationship is not terminated, it is reduced to the bare mini - mum; • the time spent on leave does not count for seniority purposes; • the employee retains a preferential right to re-entry in the event that, from the time when they request re-entry, there is a vacancy in the same (or similar) professional category to the one they held before the sabbatical. The right to be reinstated will be extinguished if, during the leave of absence, the employee does not request their reinstatement. In addition, once reinstatement has been requested and denied by the employer, the employee does not need to reiterate this request, but the employer is obliged to offer it as soon as the first suitable vacancy arises. 5.3 Other New Manifestations The organisation of workspaces in Spanish firms has undergone significant changes, driven by remote work and digitalisation. With the reduced need for perma - nent facilities for their entire staff, firms have adopted flexible spaces that adapt to the needs of each sce - nario and that promote collaboration and integration among employees. One of the most common forms of this flexibility is hot-desking, whereby employees do not have a fixed desk, but rather can use any desk that is vacant on the day. In the absence of specific regulation, Spanish case law has confirmed that the firm has the author - ity to introduce this system, after informing and con - sulting the employees’ representatives, without this constituting a substantial modification of the working conditions. Another growing tendency is co-working, a practice that involves professionals from various fields sharing office facilities, where they can perform their tasks, establish connections and create opportunities. As of September 2024, there is no existing regulation in Spain that specifically regulates this matter.
Unions and their rights are regulated under the Span - ish Constitution and the Organic Law 11/1985 of 2 August 1985 on the Freedom of Union Association. Unions have the right to appoint their own representa - tives at the company concerned. The two national representative unions in Spain are the Confederación Sindical de Comisiones Obreras (CCOO) and Unión General de Trabajadores (UGT). However, there are also other representative unions in specific autonomous communities. CCOO and UGT are entitled to represent employees and: • provide institutional representation before public administration bodies; • negotiate CBAs; • determine working conditions with the government; • participate in non-judicial systems for the resolu - tion of labour disputes; • promote elections for personnel delegates and company committees and corresponding public administration bodies; • obtain temporary assignments of the use of public assets under the terms established by law; and • perform any other representative function estab - lished by law. 6.2 Employee Representative Bodies There is a dual representation system within compa - nies: • unitary representation, composed of works coun - It is not compulsory to appoint employees’ represent - atives; rather, it is the right of the employees and the trade unions, who may or may not exercise that right. Unitary Representation Unitary representation covers all employees in the workplace or the company. The number and type of employees’ representatives depends on the number of staff: cils/personal delegates; and • trade union representation.
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