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Labour suspends ARTE agreement and mandates review of key articles

The Ministry of Labour halts the processing of the ARTE agreement and requires revisions on hiring, leave, and union action after UGT's challenge.

Beatriz Lorenzo AguirreBeatriz Lorenzo Aguirre··3 min read

The Ministry of Labour has halted the registration of the State Collective Agreement for Large Retail Companies (ARTE) following UGT's challenge, which warned of rights cuts. The resolution requires modifications to articles on hiring, leave, and union action.

The Ministry of Labour and Social Economy has suspended the processing of the State Collective Agreement for Large Retail Companies (ARTE) and has required the negotiating committee to amend numerous articles that do not comply with current legislation. This decision comes after UGT requested the non-registration of the text and submitted a formal challenge.

The Federation of Services, Mobility and Consumption of UGT (FeSMC-UGT) positively assessed the resolution, which validates their warnings about the content of the agreement. From the outset, UGT denounced that the agreement signed by CCOO, FETICO, and the ARTE employers' association represented a setback in labour rights and raised serious legal doubts.

The points questioned by the Ministry

The General Directorate of Labour has pointed out deficiencies in key aspects for workers in the sector. These include the regulation of the applicability priority of the agreement over territorial agreements, temporary hiring, replacement contracts, leave, reduced working hours, union action, and forced retirement.

These points must be amended before the procedure can continue. The resolution expressly incorporates UGT's written submission, along with those from other trade unions, into the administrative file.

UGT: 'Time proves us right'

From FeSMC-UGT, they reiterated that the ARTE agreement not only cuts rights compared to territorial agreements but is also worse than the labour legislation itself. "Instead of addressing these warnings, the signing organisations chose to discredit our complaints and convey a message of false reassurance to the workforce," union sources stated.

Today, it is the Ministry of Labour itself that requires a review of the text signed by CCOO, FETICO, and the ARTE employers' association before it can continue its processing.

UGT has announced that it will continue to use all necessary legal and judicial avenues to prevent an agreement that, in its view, "weakens territorial collective bargaining and consolidates a model that increases business flexibility to the detriment of labour rights" from coming into effect.

What it means for workers in the sector

The suspension of the ARTE agreement affects thousands of employees of large retail companies in Spain. As long as the Ministry does not approve the text, territorial agreements and general labour legislation will continue to apply. Workers can rest assured: for now, the conditions that UGT considers harmful will not be implemented.

The ARTE employers' association and the signing unions (CCOO and FETICO) will now have to renegotiate the highlighted articles. If they do not, the agreement could be definitively blocked. The next step will be the opening of a correction period, after which the Ministry will decide whether to register or reject the text.

For retail employees, the recommendation is to stay alert to communications from their union representatives and, in case of doubt, consult with their staff delegate. The Ministry's resolution represents a backing of UGT's positions and a warning to negotiators about the limits of collective bargaining.

Beatriz Lorenzo Aguirre

Written by

Beatriz Lorenzo Aguirre

Redactora

Periodismo económico por la Carlos III y lectora compulsiva de cuentas anuales. Cafés a destajo, alergia a las notas de prensa vacías y memoria para los ERE; en Iber Empresa escribe de empresas y empleo.