Collective Agreement in Spain: Which Applies and Where to Find It

Isabel is 34, Colombian, and lives in Seville with her residence and work permit. She works as a call center agent: she spends the day with her headset on, answering calls from customers of insurance and energy companies. One day, during the coffee break, a coworker tells her that at the call center where she used to work they applied “a collective agreement specific to the sector,” with a different base salary and different bonuses. According to her, higher ones. Isabel goes home, takes her contract out of the drawer and reads: “Applicable collective agreement: offices and firms.”

If you don’t know which collective agreement applies to you either, don’t worry: it is one of the most common questions, and one of the most important ones. Your minimum salary, your bonuses, your vacation, your paid leave and even the notice you must give to resign depend on that document. In this article we follow Isabel’s case to explain what a collective agreement (convenio colectivo) is in Spain, how to know which one applies to you, where to find it and what to do if your employer applies the wrong one. If you want your case reviewed, write to Fernanda Vargas on WhatsApp or book an appointment on her Calendly.

“Offices and firms agreement”: Isabel’s question

Isabel has three questions on her mind, and you probably do too:

• Where is that collective agreement written down and how can I read it?
• Is it really the agreement that applies to me, or should another one apply?
• If they are applying the wrong one, can I make a claim? And what can I claim?

The first thing Isabel needs to know is something that surprises many people: what your contract says does not decide which collective agreement applies to you. The contract can be wrong. What counts is what the company really does and where it does it. Let’s go step by step.

What a collective agreement is and why it matters to you

A collective agreement is an agreement negotiated between the representatives of the workers (usually the trade unions or the works council) and the representatives of the employers (the company itself or the employers’ associations). That agreement sets the working conditions: the salaries for each job category, the bonuses, working hours, vacation, paid leave, the system of offenses and disciplinary sanctions, notice periods and much more.

That is why we say the collective agreement is the key document for almost every employment question. If you want to know how much you should be paid, how many vacation days you have or how much notice you must give if you leave, the answer is usually in your collective agreement. It also often sets how working hours are distributed, and it is worth reading together with the 2027 work calendar and the public holidays you are entitled to.

The most important point is that a collective agreement is not a recommendation: it is binding. The Workers’ Statute (Estatuto de los Trabajadores) says so:

“The collective agreements regulated by this law are binding on all employers and workers included within their scope of application and for the entire time they are in force.”

Article 82.3 of the Workers’ Statute

In plain words: if your company and you are within the “scope” of a collective agreement, that agreement applies to both of you while it is in force. It doesn’t matter whether you are a member of a trade union or whether your company belongs to an employers’ association. And the company cannot choose not to apply it.

What is the “scope”? It is the playing field of the agreement. Each agreement says who it applies to, mainly in two ways:

• Functional scope: the activity it covers (for example, hospitality, retail, cleaning or customer service by phone).
• Territorial scope: the territory where it applies (the whole of Spain, an autonomous community or a province).

Sector-wide agreements and company agreements

Not all collective agreements are the same. There are two main types:

• Sector-wide agreement (convenio sectorial): it applies to all companies in the same activity within a territory. It can be national (for the whole of Spain), regional (for an autonomous community) or provincial (for a province).
• Company agreement (convenio de empresa): it is negotiated by a specific company and the representatives of its workforce, and it only applies to that company.

In Isabel’s case, the “offices and firms agreement” in her contract is an example of a sector-wide agreement: it is designed for companies whose activity is general office work. The agreement her coworker mentions would also be sector-wide, but for another activity: customer service by phone on behalf of other companies. (We use these names only as examples: the exact name and conditions of each agreement must be checked in the published text.)

A company may also have its own company agreement. Below we look at what happens when both exist.

How to know which one applies to you: the company’s real activity

Here is the key to Isabel’s case. To decide which collective agreement applies, the courts look at the company’s real main activity, not what appears in the contract or what its corporate purpose says on paper. And they combine it with the territory: the agreement has to cover the activity (functional scope) and the place where the work is done (territorial scope).

Think of it this way: if a company really and mainly works answering customer calls on behalf of insurers and energy companies, what it does is not “general office work,” even if its workers sit in an office. Its main activity is customer service by phone.

That is exactly what happens with Isabel’s company. If its main activity is customer service by phone on behalf of third parties, the usual outcome is that the sector-wide agreement for that activity applies, and not a generic office agreement. Note the nuance: “usual” does not mean “always.” It depends on what the company’s main activity really is and on the scope set by each agreement, which is why each case has to be looked at carefully.

Where can you check which agreement the company says it applies to you?

• Your employment contract: it usually states the applicable agreement.
• Your payslip: it often mentions the agreement or your job category under that agreement.
• Written information from the company: you can ask the company to tell you in writing which agreement it applies.
• The workers’ representatives: if your company has a works council or staff delegates, ask them. They usually know it well.

Remember: what those documents say is the starting point, not the final word. If the real activity does not match the agreement they mention, you may be under the wrong one.

When there are several: which agreement prevails and on which matters

Sometimes it seems that more than one agreement could apply. That is what the rule on “concurrence” is for (when two agreements overlap for the same people). The general rule is that the agreement already in force cannot be displaced by another one with a different scope:

“A collective agreement, while it is in force, may not be affected by the provisions of agreements with a different scope unless otherwise agreed, as negotiated in accordance with article 83.2, and except as provided in the following paragraph.”

Article 84.1 of the Workers’ Statute

In other words, an agreement in force is respected, unless something else has been agreed through the channels set by law, or unless the exception in the next paragraph applies. And that exception is the one that raises the most questions: the company agreement.

The company agreement takes priority over the sector-wide one, but only on certain specific matters. These are them:

“The regulation of the conditions established in a company agreement, which may be negotiated at any time while higher-level collective agreements are in force, shall have priority of application over the national, regional or lower-level sector-wide agreement on the following matters:

a) The payment or compensation of overtime and the specific pay for shift work.

b) Working hours and the distribution of working time, the shift work system and the annual planning of vacations.

c) The adaptation of the job classification system of the workers to the company.

d) The adaptation of the aspects of the types of employment contract that this law assigns to company agreements.

e) Measures to promote shared responsibility and the balance between work, family and personal life.”

Article 84.2 of the Workers’ Statute

In plain words, the company agreement can prevail over the sector-wide one on things like:

• How overtime is paid or compensated and how much is paid for shift work.
• Working hours, how working time is distributed, shifts and how vacations are planned each year.
• How job categories and professional groups are adapted to the company.
• Some aspects of the types of contract that the law leaves to company agreements.
• Work-life balance measures.

Notice what is not on that list: the base salary and the salary supplements. This means a company agreement does not take priority over the sector-wide agreement on the base salary. If Isabel’s company had its own agreement, it could prevail on matters such as her working hours or her shifts, but not on the base salary set by the sector-wide agreement that applies to her.

Contractors and subcontractors: the agreement of the activity you do

This is very important for jobs like Isabel’s, because many call centers work for other companies. When your company is a contractor or subcontractor (that is, it does work on behalf of another company), the law sets which agreement applies:

“The collective agreement applicable to contractor and subcontractor companies shall be that of the sector of the activity carried out in the contract or subcontract, regardless of their corporate purpose or legal form, unless there is another applicable sector-wide agreement in accordance with Title III.”

Article 42.6 of the Workers’ Statute

Put simply: if your company provides a service to another one, the usual outcome is that the agreement for the sector of the activity you really carry out under that contract applies to you, whatever your company’s corporate purpose says. There are two exceptions: that another sector-wide agreement applies under the general rules, or that the contractor has its own agreement, which will apply on the terms of article 84 that we have just seen.

In Isabel’s case, her company answers calls for insurers and electricity companies. The activity it carries out under those contracts is customer service by phone. One more argument suggesting that the generic office agreement may not be the one that applies to her.

If you work for a company that frequently changes clients or contracts, you may also want to read about the transfer of workers between contractors and what happens to your rights and debts when a new company takes over.

What if the collective agreement has expired?

Another very common question: “my agreement is years old, it no longer counts.” It is not that simple. Agreements have an agreed duration, but when it ends and a new one is being negotiated, the old one does not disappear:

“During the negotiations for the renewal of a collective agreement, in the absence of an agreement, it shall remain in force […].”

Article 86.3 of the Workers’ Statute

This is called ultra-activity (ultraactividad): the agreement keeps applying beyond the date on which it was due to end, while its renewal is being negotiated, unless the parties have agreed otherwise. In practice, the fact that your agreement has “expired” does not mean it stops applying or that the company can stop paying you what it sets.

So, if Isabel finds that her sector’s agreement is a few years old, that does not take away its value: she will need to check whether a new one is being negotiated and whether there is any agreement on how long it stays in force, but in the meantime the usual outcome is that it keeps applying.

Where to find your agreement and how to make a claim if they apply the wrong one

Where collective agreements are published

Collective agreements are public. They are published in the official gazette that matches their scope:

• National agreements: in the Official State Gazette (BOE).
• Regional agreements: in the official gazette of the autonomous community.
• Provincial agreements: in the official gazette of the province.

In addition, collective agreements are registered in the official register of collective agreements, where you can also search for them.

Isabel can look up the two agreements she is interested in: the offices and firms agreement in her contract, and the sector-wide agreement for customer service by phone. In each one she has to check two things: whether its functional and territorial scope covers her company, and which salary table matches her job category.

How to compare

Collective agreements usually include salary tables with the base salary and the bonuses for each job category or professional group. Find your category in both tables and compare. Here is an illustrative example (the figures are made up, just so you can see how the comparison works):

Item (example)	Agreement in the contract	Agreement that might apply
Monthly base salary	1,200 euros	1,300 euros
Monthly bonus (example)	0 euros	60 euros
Monthly difference		160 euros

How to make a claim

If the agreement that applies to you is more favorable, these are the steps:

1. Ask in writing for the company to apply the correct agreement and pay you the difference. Keep a copy with the delivery date.
2. If there is no agreement, the next step is to file the request for conciliation (papeleta de conciliación), which is the attempt to reach an agreement before going to court.
3. If conciliation does not work, a claim is filed with the employment court (juzgado de lo social).

And how much can you claim? The salary differences for the last twelve months, under article 59.2 of the Workers’ Statute. Each monthly payment can be claimed during the year following the date on which it should have been paid. This has a very clear practical consequence: every month that passes without making a claim, you lose the chance to claim the difference for an old month. That is why it is not a good idea to put it off.

Isabel, for example, if she finds that she has been under the wrong agreement for two years, will not be able to claim the full two years: she will be able to claim the differences for the last twelve months. And she can also ask for the correct agreement to be applied from now on.

Five-step guide to checking your collective agreement and your payslip

1. Check which agreement the company says it applies to you. Look at your contract and your payslip, ask the company for the information in writing or ask the workers’ representatives.
2. Think about your company’s real activity. What does it really and mainly do? Does it work on behalf of other companies? In which territory do you work?
3. Look up the agreement in the official gazette. In the BOE, in the gazette of your autonomous community or your province, or in the official register of collective agreements. If you are unsure between two, look up both.
4. Compare your payslip with the salary table. Find your category and check the base salary and the bonuses. Also check whether your agreement is in ultra-activity, because it still applies.
5. If there are differences, claim in time. First in writing; if there is no agreement, request for conciliation and court claim. Remember that you can only claim the differences for the last twelve months.

If you get lost at any step, Fernanda Vargas, employment lawyer in Madrid, can go through your contract, your payslip and the agreement that applies to you with you. You can see how she works on her employment law advice page.

How Isabel’s story ends

Isabel looks up both agreements. She confirms that her company’s main activity is answering customer calls on behalf of insurers and energy companies, in Seville. She reads the scope of each agreement and sees that the one for customer service by phone fits what her company does better than the generic office agreement. She compares the tables for her category and confirms what her coworker said: the one that applies to her is more favorable.

With that, Isabel sends a letter to the company asking it to apply the correct agreement and pay her the differences for the last twelve months. If the company does not answer or refuses, the next step will be the request for conciliation and, if necessary, the court claim. And if one day her company negotiated its own agreement, it could regulate her working hours or shifts differently, but it could not lower the base salary set by the sector-wide agreement.

Frequently Asked Questions

Do you have questions about your collective agreement or do you think you are being paid less than you are entitled to? Write to Fernanda Vargas, employment lawyer in Madrid, on WhatsApp or book an appointment on her Calendly, and have your case reviewed before more months go by.