Functions

The National Advisory Commission for Collective Agreements carries out the following functions:

1. Advisory functions in order to propose and determine the functional scope of collective agreements, as well as issuance of the mandatory report in the procedures for extension of a collective agreement established in article 92.2 of the Workers' Statute (the advisory functions of this Commission are regulated in Chapter III of Royal Decree 1362/2012, of 27 September, which regulates the National Advisory Commission for Collective Agreements).
2. Collective bargaining observatory, which includes information, study, documentation and its dissemination (this function is regulated in Chapter IV of Royal Decree 1362/2012, of 27 September).
3. Decision-making functions on the solution of discrepancies arising from lack of agreement in the procedures for non-application of the working conditions provided for in the applicable collective agreement in the cases established in article 82.3 of the Workers' Statute (this function is regulated in Chapter V of Royal Decree 1362/2012, of 27 September).

Actions and agreements

The National Advisory Commission for Collective Agreements functions in a plenary session and as a Permanent Commission, although ordinarily the Commission will function as a Permanent Commission for the approval of the opinions, reports and decisions referred to in section 3, paragraphs a), b) , d) and f) of article 10 of Royal Decree 1362/2012, of 27 September, which regulates the CCNCC, unless by majority decision of the Permanent Commission itself it is agreed to reserve its awareness to the Plenary Session.

The Plenary Session will be made up of the President and all the members representing the General State Administration and the most representative business and trade union organisations, as well as its Secretary. The Plenary Session will meet as an ordinary session, at least once every six months, with the prior corresponding call, without prejudice to the fact that extraordinary sessions can be held, when due to the urgency of the issues to be discussed, the President so decides, on their own initiative or at the request of the majority of any of the representations that comprise it.

The Permanent Commission is made up of the President of the Commission and two members of each of the three groups that constitute it, as well as its Secretary. It will meet in an ordinary session every two months and in an extraordinary session, as many times as necessary, when the President so decides due to the urgency of the issues to be discussed, on their own initiative or at the request of the majority of any of the representations that comprise it.

Agreements are preferably adopted by consensus between the President and the representatives of the General State Administration and the social partners. If this is not possible, the agreements will be adopted by an absolute majority of the attendees, except in the cases provided for in articles 12.2, 16 and 23.2 of Royal Decree 1362/2012, of 27 September, in which the absolute majority of the members of the Permanent Commission or, where appropriate, of the Plenary Session will be required.

The opinions, reports and decisions of the Commission will always be understood without prejudice to the powers that correspond to the labour authority and the competent jurisdiction in the terms established by law, as well as the provisions contemplated in the autonomous conflict resolution systems established by collective bargaining.