Collective labour regulation instruments are a source of law specific of the employment contract in public functions.
Therefore, work relations formed by means of contract are regulated not only by law, but also by collective labour regulation instruments that are applicable to them.
Collective labour regulation instruments may be of a negotiable nature or not, according, respectively, to their rules be or not fruit of the agreement achieved in the course of a collective labour agreement negotiation.
The negotiable collective labour regulation instruments are:
- The collective labour agreement;
- The adhesion agreement;
- The voluntary arbitration decision.
The non-negotiable collective labour regulation instrument is the necessary arbitration decision. Collective labour agreements irrespective of being collective career agreements or collective public employer agreements are applicable:
- To the public employees performing functions in the signatory public employers, who in the capacity of members of the signatory trade unions at the time the negotiation process had begun as well as those being affiliated during the period covered by said agreements;
- To other public employees included in the career or performing functions in the signatory public employer, save if a non-affiliated public employee or a trade union interested and with legitimacy to conclude the collective labour agreement covering its members expressly oppose to it.
The collective labour regulation’s instruments are delivered to the Directorate General for Administration and Public Employment (DGAEP) for recording purposes after all formal requirements established by the General Labour Law in Public Functions (LTFP) are met. Afterwards, it is incumbent upon DGAEP to send them for publication in the Official Gazette.