All working conditions, regardless of what can be improved in the Collective Agreements, are due to the Workers' Statute, a regulation that establishes the bases of work, in terms of salary, working hours, leave of absence, disability ... But, What is the Workers' Statute? ¿Why is it so important?
If you have heard about it but are not sure why it is so important and how it can affect you in your work, it is time for you to know one of the most powerful tools for workers.
What is the Workers' Statute
The Workers' Statute, also known by its acronym, ET, is actually a code, a legal rule, which applies to all employed workers. That is, to any worker who has an employment contract with a company or another person. It is responsible for regulating the employment relationship that these two agents have, on the one hand the employee, and on the other the employer.
Since it was born in 1980, it has been and is the most important regulation of labor relations. Now, it establishes the minimums, that is, by Collective Agreement, by contract, etc. what the Workers' Statute says can be improved.
For example, imagine that the workers' statute gives you 5 days for the death of a person. On the other hand, in your company, by Agreement, the days that correspond to you are 7. There is no contradiction, but what the ET says is that the minimum number of days is five, but on the part of the company there may be more.
As a general rule, the hierarchy of working conditions would remain thus: First, what is established in the employment contract; then what is said in the Collective Agreement. And, finally, what the Workers' Statute says.
This does not mean that by contract of employment worse conditions can be accepted; The ET minimums must always be guaranteed since if this is not the case, it can be reported.
Over the years, the Workers' Statute has undergone modifications, for the better and for the worse, regarding employed workers. One of the most striking, and that you must take into account, is that, although the self-employed or self-employed are excluded, it was determined that the economically dependent self-employed will be protected under this regulation as long as certain requirements are met.
What regulates the Workers' Statute
Now that you know what the Workers' Statute is, you will surely have the doubt of knowing what content it has. And it is that, in general, it establishes the bases regarding work (for example, saying what is the age at which you can work), as well as the working day, trial periods, pay, dismissals, contract modalities, Leave of absence, incapacity for work, night work, overtime ...
In other words, you have a legal norm in which the minimum guidelines of an employment relationship are given in all the aspects that can influence you.
For this reason, the Workers' Statute is divided into three titles:
- Of the individual work relationship.
- Rights of collective representation and assembly of workers in the company.
- On collective bargaining and Collective Agreements.
These three major titles are in turn divided into chapters, sections and articles, up to a total of 92.
Workers' Statute vs Collective Agreement
As we have said before, the Workers' Statute establishes minimum conditions of the employment relationship, but these can be improved by an employment contract or also by a collective agreement. Does this mean that the Convention is better?
A Collective Agreement is a regulation that arises as a result of a negotiation between the workers' representatives and the company itself. Sometimes it does not only affect a company, but a sector (for example, the steel industry, dairy sector ...). They have a specific duration and it establishes the working conditions, as well as the rights and obligations of each party. (workers and company). Of course, it has to comply with the minimum conditions that exist in the Workers' Statute.
We could say that a Collective Agreement is a broader employment contract, where aspects such as vacations, permits, working hours, remuneration, etc.
What happens if by contract or Collective Agreement something is required of me that is not allowed in the Workers' Statute
It is not so strange to find situations in which, by employment contract, Collective Agreement, or even on a day-to-day basis, companies or employers demand from their workers conditions that go against the Workers' Statute (for example, putting in more hours , not having vacations or that are not paid, etc.).
When this happens, the rule that is applied is the Workers' Statute. In other words, if there is something in the Collective Bargaining Agreement or in the contract that goes against what the ET minimum marks, that clause is automatically canceled, since the provisions of the regulations must be respected.
However, the reality may be different, since many can accept these conditions to continue working.
What are the most important parts
Throughout the 92 articles that make up the ET, you should know that there are some parts that are more important, either because they are consulted more or because they concern important aspects of the employment relationship.
In this sense, they are:
- The working day and breaks. According to the Workers' Statute, there is a maximum workday of 40 hours per week, although by Agreement they may be less. As for breaks, there is a requirement that there be 12 hours of rest. And, if the day exceeds six hours, there will be a 15-minute break.
- Workers rights. Regarding internal promotion, not to be discriminated against, physical integrity, dignity, training at work ...
- Prohibited practices. Such as work for minors under 16 (with exceptions) or doing overtime or night work for minors under 18 years of age.
As you can see, the basic norm that is the Workers' Statute allows to regulate equitable labor relations for employees and employers. Have you ever had problems of this kind? Let us know.