Time for action and organisation. Collective bargaining: new scenario

Jul 24, 2013

 

As ELA has denounced umpteen times, the successive collective bargaining and labour reforms have attacked the very heart of the principles that had governed labour relations up until now. In their rush to end the so-called “lack of flexibility” of the labour market, the successive governments have been increasingly streamlining and cheapening the dismissal process and increasing job “flexibility” to the point of completely jeopardising the labour market.
The reforms affecting collective bargaining have been a lynchpin in this offensive.  Two reforms, the first under Zapatero and the second under Rajoy, have completely shaken up the system as we have known it. Among other changes, company agreements now have primacy over sector agreements, state sector agreements prevail over territorial sector agreements, which changes the previous situation and it is  easier for companies not to apply the approved agreements, even in the case of company agreements. They have also ended the automatic extension of expired agreements, which is in response to an age-old demand from management.
Ending the automatic extension means that when a collective agreement expires without the agreement having been renewed, its content are no longer be applicable and from that moment onwards, the agreement with a larger jurisdiction, where applicable, or failing that, minimum legislation comes into force.  Many collective agreements thus ceased to be in force on 7 July leaving thousands of workers in a situation of uncertainty.
This has had an immediate effect. From July 7 onwards, following the advice of management, many employers have begun to send out notifications to the workers or to their representative bodies announcing the end of the collective agreement and referring the workers to other agreements with poorer working conditions or announcing far worse contractual terms and conditions for the new contracts, etc.
Alongside those notifications, and also on the advice of Management, there are companies that have announced the loss of the automatic extension of sector or company agreements that did not expire on 7 July. That is the case, for example, of the Direct-Grant Education in the Basque Autonomous Community and Bizkaia Graphic Arts sectors. This attitude goes far beyond the reform as such and leaves no question marks about management's position.
Management, yet again, has made abundantly clear its absolute lack of desire to negotiate and its clear interest to exploit the reforms as far as possible, in this case of lack of automatic extension, to achieve the goal for which the reforms have been designed: To facilitate the lowering of salaries, which will undoubtedly lead to a further job losses.
Management has already stated that it will only negotiate “unless driven to it” and it is therefore clear what has to be done: Give priority to trade union action and force negotiation.
ELA therefore believes that some conclusions need to be spotlight and the relevant action then taken:
* That the main goal of the reforms is to slash salaries and the annulment of trade union activities.
* That we have to safeguard the purchasing power of wages in collective bargaining. It is the best way to defend employment.
* That, after the reforms, the sector agreement have ceased to be mandatory for all companies.
* That only organised and unionised company will be able to negotiate a good agreement that guarantees the working conditions of the workers.
Organised trade union presence in companies and action will be the only way to tackle such belligerent and doctrinal management. It is only by ensuring that the workers are the protagonists of their own interests and expectations, by strengthening the organisation, that we will be able to respond to this government and management offensive.

As ELA has denounced umpteen times, the successive collective bargaining and labour reforms have attacked the very heart of the principles that had governed labour relations up until now. In their rush to end the so-called “lack of flexibility” of the labour market, the successive governments have been increasingly streamlining and cheapening the dismissal process and increasing job “flexibility” to the point of completely jeopardising the labour market.The reforms affecting collective bargaining have been a lynchpin in this offensive.  Two reforms, the first under Zapatero and the second under Rajoy, have completely shaken up the system as we have known it. Among other changes, company agreements now have primacy over sector agreements, state sector agreements prevail over territorial sector agreements, which changes the previous situation and it is  easier for companies not to apply the approved agreements, even in the case of company agreements. They have also ended the automatic extension of expired agreements, which is in response to an age-old demand from management.Ending the automatic extension means that when a collective agreement expires without the agreement having been renewed, its content are no longer be applicable and from that moment onwards, the agreement with a larger jurisdiction, where applicable, or failing that, minimum legislation comes into force.  Many collective agreements thus ceased to be in force on 7 July leaving thousands of workers in a situation of uncertainty.This has had an immediate effect. From July 7 onwards, following the advice of management, many employers have begun to send out notifications to the workers or to their representative bodies announcing the end of the collective agreement and referring the workers to other agreements with poorer working conditions or announcing far worse contractual terms and conditions for the new contracts, etc. Alongside those notifications, and also on the advice of Management, there are companies that have announced the loss of the automatic extension of sector or company agreements that did not expire on 7 July. That is the case, for example, of the Direct-Grant Education in the Basque Autonomous Community and Bizkaia Graphic Arts sectors. This attitude goes far beyond the reform as such and leaves no question marks about management's position.Management, yet again, has made abundantly clear its absolute lack of desire to negotiate and its clear interest to exploit the reforms as far as possible, in this case of lack of automatic extension, to achieve the goal for which the reforms have been designed: To facilitate the lowering of salaries, which will undoubtedly lead to a further job losses.Management has already stated that it will only negotiate “unless driven to it” and it is therefore clear what has to be done: Give priority to trade union action and force negotiation.ELA therefore believes that some conclusions need to be spotlight and the relevant action then taken:n That the main goal of the reforms is to slash salaries and the annulment of trade union activities.n That we have to safeguard the purchasing power of wages in collective bargaining. It is the best way to defend employment.n That, after the reforms, the sector agreement have ceased to be mandatory for all companies.n That only organised and unionised company will be able to negotiate a good agreement that guarantees the working conditions of the workers.Organised trade union presence in companies and action will be the only way to tackle such belligerent and doctrinal management. It is only by ensuring that the workers are the protagonists of their own interests and expectations, by strengthening the organisation, that we will be able to respond to this government and management offensive.