Company agreements constitute a manifestation of the right to collective bargaining. They are agreements signed in the scope of the company between the representatives of the workers and the employer.
These agreements are of a lower rank than the collective agreement and are of subsidiary application. They lack the general effectiveness of the collective agreement since its nature is the same as that of a contract, that is, they only generate obligations between the parties that negotiate it.
Types of company agreements
- Agreements in the absence of regulation by the collective agreement:Establishment of professional classification, promotions, salary receipt, irregular distribution of working hours throughout the year, daily distribution of working hours and accommodation of workers’ representation to decreases of template.
- There are agreements in which the regulation by agreement is equated with the regulation of the collective agreement. This is the case of determining the month in which workers can receive the second extraordinary bonus.
- Agreements between the company and the representatives of the workers entitled to negotiate a collective agreement may not applyin the company the conditions established in these, when they refer to the work day, the schedule and distribution of working time, the shift work regime, the remuneration system and salary amount, the work and performance system, to the functions when they exceed the limits for functional mobility and voluntary improvements of the Social Security protective action. In these cases, the possibility of modifying the provisions of a collective agreement in force, with a maximum term of validity that may not exceed that of the collective agreement whose modification is intended is modified, will be admitted through a company-workers agreement.
- Agreements for the cases of transfers, modifications and dismissals of massive nature. In these cases, it is expected that the employer, before adopting the corresponding measures, should open a period of consultations with the legal representatives of the workers, with a view to reaching an agreement.
- Agreements for conflict resolution. Just as workers’ representatives are entitled to file collective disputes, they are also empowered to reach agreements that put an end to them. These agreements have the same effectiveness as collective agreements, provided that the parties have the minimum representation required for the agreement to link the company and the workers affected by the conflict.
