In Spain, collective agreements can be extended under Article 92.2 of the Status of Workers and The Royal Decree 718/2005. The aim is to avoid the damage caused to workers and businesses by the inability to sign a collective agreement that is included in Title 3 of the Status of Workers, since there are no legitimate parties to negotiate it. In this case, the legitimacy to request the extension is the responsibility of the social partners and the institution responsible for resolving the issue is the Ministry of Employment and Social Security (in the case of a collective agreement at national level or a collective agreement that concerns more than one autonomous community) or the Autonomous Community. This is a measure defined by the legal framework in some cases, not voluntarily on all sides. With this decision, the Supreme Court partially redirected the existing legislation relating to the old labour relations regulation and prevented the 2012 reform from having all the effects. However, this decision highlights two important points. First, it leaves open the possibility of modifying working conditions according to the procedure provided for in Article 41 of the Status of Workers, through substantial changes in working conditions (when economic, technical, organisational or productive causes are met). Second, this decision does not apply to newly-joined workers, since the expired collective agreement was never applied to them. This is why other conditions could be applied to these workers, although new legal problems could arise (double scale of wages and their prohibition according to case law) (Source: Article in Derecho – News) In 2010, the Socialist government authorized the modification of wages in collective agreements to several employers through bargaining within the company.
Under Act 10/2010, companies must consult with workers` representatives and negotiate the amendments within 15 days. If they fail to reach an agreement, they must apply for mediation procedures defined in multi-employer collective agreements. Although it is common practice for the government to consult with social partners on raising the minimum wage and then approve it, unilateral setting of government salaries, without negotiation or even consultation with social partners, has been the norm in recent years. The current Socialist government has set the minimum wage at 900 euros per month for 2019, without formally negotiating or consulting the social partners. One of the conditions of the political party Podemos to support the Socialist government led by Pedro Sénchez was the commitment to raise the minimum wage to 1,000 euros. The Socialist Party was rather inclined to raise them to 850 euros, but under pressure from Podemos, it decided to keep it at 900 euros. In a speech to the tripartite Economic and Social Council in early December 2018, the Ministry of Labour acknowledged the absence of any participation by social partners and apologised to the secretaries-general of the main trade union and employers` organisations. The Minister justified this unilateral intervention by the need to significantly improve the situation of the worst Indians in the economy. In Spain, there is no general pattern for the month or quarter of the year in which collective bargaining takes place. The legal maximum working time is set at 9 hours (unless the social partners have agreed on another figure, with the exception of workers under the age of 18 who cannot work more than 8 hours per day).
The maximum duration of legal work can be changed by collective bargaining up to a maximum of 80 hours of several hours throughout the year. The 80-hour overtime limit does not apply in the event of an emergency or urgent need to repair exceptional damage, but the additional amount is paid independently of the worker.