SPANISH GOVERNMENT AND UNIONS SIGN AN AGREEMENT TO IMPROVE WORKING CONDITIONS FOR FOREIGN PERSONNEL WORKING IN SPAIN

Marla Bojorge
Bojorge & Associates
marla@icav.es

• A long negotiation process lasting 15 years has come to a close.
• The agreement will benefit more than 6,000 contracted foreign labourers working in Spain

IMPROVEMENT OF WORKING CONDITIONS
The agreement reached involves the establishment of a single framework of work conditions applicable to foreign workers. This embraces all personnel who offer their services abroad, regardless of nationality. Currently, 50% are Spanish or members of the EU-and the legislation that regulates their contracts.

• Individual rights: The same rights are granted for this group as for all other personnel working for the General Administration of the State. The scope of these new rights is broad, encompassing licenses, permits, vacations, shifts, hours of work, leaves of absence, modifications of working conditions, retirement, disciplinary proceedings, and the termination of work contracts.

• Collective rights: For the first time, the right to the collective representation of foreign workers is recognized and regulated by the representative bodies that exist to protect workers’ rights. Also, the participation of foreign workers in the vocational training programs and social action programs articulated in the various Ministerial departments and organs, is recognized.
Furthermore, the agreement establishes protocol to help with the analysis, normalization development and recognition of such things as professional qualification, employee mobility and structural policy; taking into account the diversity that characterizes this group of workers.

CONCLUSION
With the making of this agreement the legal situation of employees contracted abroad is finally resolved. Until now, because of their geographic dispersal, their differing nationalities, and the complexity generated by differing judicial systems, the working conditions of foreign workers were not regulated in a uniform manner, nor were minimal standards of Spanish legislation applied, especially in relation to the exercise of their individual rights.
Of the 9,600 public employees currently working abroad, 30% are subject to the Government employee system. The remaining employees (around 6,000 people) are subject to the new labour system. The great majority (91%) of this group, who are currently regulated by contracts subject to local legislation are expected to benefit most from the new arrangements. They are now expected to see significant improvement in their situation.

For clarification of any of these issues Marla can be contacted direct at marla@icav.es