To find out Which collective labour agreement do we fall under? First of all, we need to know what it is.
It is a agreement which is negotiated between employees’ representatives (trade unions) and employers, and which sets out the working conditions, rights and obligations which affect both parties. These are fundamental aspects for to ensure that the working environment is fair and equitable.
How can you find out which collective agreement you’re covered by? In this article, we explain the steps you need to take to identify it correctly.
Steps to identify your collective agreement
Check your employment contract
The first step is check your employment contract as it is compulsory in most cases for the collective agreement to be included in the contract. The location of this information will depend on the type of contract.
Check your payslip or the HR portal
Another option is check your payslip, Well, in many cases, the agreement code or its name is included.
If your company has a Human Resources portal It is possible that this information is available there.
Ask the Human Resources department
If, after making these enquiries, you have still not managed to find the information relating to your collective labour agreement, the solution will be go directly to the Human Resources department the company you work for.
Knowing which collective agreement applies to you is a right that workers have under the Workers’ Statute, so they should provide you with this information.
Look up the agreement code in the BOE
Once we have the name or code of the agreement, it’s time to look it up in the Official State Gazette, where you will find regulations on working conditions, agreements and updates.
How should the information in the agreement be interpreted?
Once we have identified the collective labour agreement that applies to us, we need to know how to interpret the information. To do this, we need to know what key aspects we will find in the document and what information it will provide, namely:
- Identification of the parts and his scope of application.
- Understanding the structure this section, which covers matters such as working days, working hours and holidays.
- Review of the pay scales and allowances.
- Details about the professional levels.
- Additional measures including work-life balance and gender equality.
One point to bear in mind is the fshall enter into force, as well as issues relating to duration and retroactive effects.
What should I do if I can’t find my collective agreement?
If you cannot find this information, there are several options available to help you obtain it.
Contact the trade union
One of the ways we can find out about our collective agreement is to contact the trade union, which is an association of workers in the same sector that defends their employment interests, social and economic rights vis-à-vis employers, with the aim of improving working conditions.
These people will help you identify and obtain your collective agreement.
Review the Workers’ Statute
Another option would be to search in the Workers’ Statute, This is the legislation that sets out the general rules of employment law. These basic rules protect workers regardless of whether they are covered by a collective agreement or not.
Employment advice or labour inspection
The final option to consider if you cannot find the collective agreement would be to contact an employment consultancy or to contact the Labour Inspectorate.
These are professionals who will check whether your company is complying with the terms set out in the collective agreement and will advise you on the matter.
The Labour Inspectorate This will be the body to contact in the event that the necessary measures are not being implemented, and through which a complaint may be lodged in this regard.
The importance of understanding your collective agreement
Understanding your collective agreement is crucial in order to to defend your employment rights. Becoming aware of this will be a key tool for:
- To demand a fair pay appropriate to the job.
- Keep up to date with the rights and obligations which are acquired in the course of one’s duties.
- To have a regulation of labour relations with a legal weight.
- It enables you to find out who to turn to in the event of any dispute.
- Help prevent employment fraud and possible abuses.
Frequently Asked Questions
Now that we have this information, you may have some questions about it, which we will address below.
What happens if the company does not apply the collective agreement?
If the collective agreement were not applied, the company would be in breach of a serious breach of the law and the worker would be fully entitled to to claim. The company may face various consequences arising from both legal status such as economic, such as:
- Financial penalties.
- Obligation to pay outstanding wages in the event that these do not comply with the relevant collective agreement.
- Disqualification from entering into contracts for a specified period.
- Criminal penalties.
- Loss of trust and a poor corporate image.
Can I make a claim if the wrong collective agreement is applied to me?
The answer is yes, you can make a claim if the wrong collective agreement has been applied. The steps to follow are:
- Identify which collective agreement is the correct one to apply in your case.
- Gather the necessary supporting documents.
- First of all, contact Human Resources or the trade union so that they can help you with your situation.
- If the above measure proves ineffective, seek advice from an employment consultancy or contact the Labour Inspectorate.
How often is a collective agreement updated?
There is no universal fixed time, In other words, the collective agreement is updated in accordance with the agreement reached by the parties involved in the negotiations.
What usually happens is that:
- Every one, two or three years, Well, that is the standard term of the agreements.
- If there is a revision clause The duration specified in the agreement will be the fixed term.
- In the event that no agreement is reached when the agreement expires, the extension until a new one is signed.
Conclusion
In short, understanding your collective agreement is essential to safeguarding your rights and working conditions. There are various ways to identify it, as well as tools that help ensure your employment relationship is fair and complies with the law.
