In this post, we are going to talk about the collective bargaining agreement for road freight transport. But first, let’s talk about collective bargaining agreements. Do we know what exactly a collective bargaining agreement is? How does it affect us?
A collective agreement is a source of regulations that govern the duties and rights that exist in the relationship between an employer and an employee. Depending on the profession or the minimums established, certain things can be agreed upon, with both parties reaching an agreement.
The collective agreement is a legal norm and a labor right that regulates the working conditions in the labor sector within the territorial scope and is mandatory, thus binding both parties (employee and employer). Some key aspects that are usually included in these agreements should be presented, together with the importance of being subscribed to by the business organisation. It establishes a series of legal provisions regulating working conditions, wages, working hours, rest breaks, holidays and other sector-specific labour issues.
The collective bargaining agreement in the Community of Madrid is managed by the Directorate General of Labour of the Ministry of Economy, Finance and Employment.
The basic salary plus seniority varies according to the region and the specific year, as these agreements may be negotiated at provincial or regional level and may be updated periodically.
What does a collective agreement regulate in transport?
As we have indicated above, the collective bargaining agreement regulates the working conditions of the workers and in the transport sector it affects not only its workers, but also the carriers, which is the latest improvement in the collective bargaining agreement for the transport of goods by road.
The latest national update took place on 7th September 2020, with the aim of facilitating the company’s management, improving the quality of life for its employees, particularly its drivers, and encouraging the recruitment of driving staff.
This agreement is valid until 31st December 2021, at which point it will be reviewed, and new measures will be presented to reach new agreements between both parties.
Collective agreements are reviewed at the state level before their effective date to reach agreements again.
Decree 1561/1995 is a Spanish government regulation that regulates certain aspects of employment in Spain. It was adopted on 21 September 1995 and lays down specific rules on working time in various sectors and professions.
Basic Labour Conditions
The collective agreement sets the minimum conditions that transport companies must comply with, including base salaries, overtime, night shifts, and rest days. It also establishes regulations on road safety, professional training, and occupational risk prevention. These conditions aim to protect transport workers while maintaining the competitiveness of the logistics sector in both the national and international markets.
Benefits for Employees and Clients
Collective agreements benefit both workers and customers in the freight transport sector. Employees gain legal security and fair working conditions, while customers benefit from a more professional and stable service. By regulating aspects such as professional qualifications and driving times, the quality of transport services and road safety are improved.
Road Freight Transport: Legal and Labour Framework
The legal framework for road transport in Spain combines national legislation, European directives, and collective agreements. It regulates essential aspects such as driving and resting times, weights and dimensions, international transport, and hazardous goods. This framework ensures fair working conditions while maintaining the efficiency of the logistics sector, which is crucial for the Spanish economy.
At the autonomous community level, the communities have their own collective bargaining agreements reached by the UGT and CCOO union representatives.
Specific cases: collective agreement in Madrid
The Madrid agreement outlines everything related to night shift allowances, per diems, holidays, working hours, etc. However, if this agreement did not exist, it would be necessary to refer to the agreement established by the BOE, where this is also stated.
In this latest update, a salary increase of 1.5% for 2021 has been agreed upon, along with a new calculation formula for regular working hours. In turn, a CPI-equivalent increase has been established as of 2022 with a maximum limit of 0.75%.
Also, an agreement has been reached regarding partial retirement, which is voluntary on the part of the companies, who will have to negotiate with their workers the reduction of the working day and the way in which their residual working day is to be provided.
The compensation and absorption clause in the agreement establishes that the economic conditions agreed in the agreement will be compensated and absorbed with those previously existing, whether established unilaterally by the company or agreed between the company and the workers.
In the Community of Madrid, the collective agreement for transport includes particularities such as salary supplements for high traffic density or urban services. It also regulates specific aspects of logistics in metropolitan areas, adapting to the transport needs in one of the regions with the highest economic activity and goods volume in Spain.
Role of the General Directorate of Transportation (DGT)
The DGT (Directorate-General for Traffic) has exhaustively classified all collective agreements that affect the transportation and logistics industry. A look at their website can clarify any doubts that may arise regarding the agreements that may apply to us.
The Directorate General of Traffic (DGT) provides personalised assistance at its 50 Provincial Offices, 2 Local Offices, and 16 Local Branches, always by appointment only. Users can find their nearest centre through the official DGT map, and it is essential to make an appointment for any procedure.
How to choose a responsible transport company?
When selecting a road freight transport company, it is essential to assess its commitment to regulatory compliance. A responsible operator should demonstrate adherence to the current transport collective agreement, have all legal documentation in order (administrative authorisations, mandatory insurance, and special permits when applicable), and maintain a history of compliance with labour and road safety regulations. Transparency in their operational processes and the regularisation of their employees according to the Workers’ Statute are key indicators of professionalism in the Spanish logistics sector.
Ethical and legal criteria
The main aspects to be verified include:
Official Transport Companies Register
Social Security affiliation for the entire workforce.
Certification of training in occupational risk prevention
Compliance with Maximum Driving and Rest Times
Fleet Preventive Maintenance Policies
Implementation of protocols against workplace accidents
These requirements ensure that the operator complies with the Law on the Organisation of Land Transport (LOTT) and the National Collective Agreement for Transport.
You can find more details about the collective bargaining agreement in the Official Bulletin of the Community of Madrid.
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