At the meeting of the Permanent Commission of the CCNCC held on 15-09-2016, in relation to the advisory functions attributed to it in articles 12 et seq. of Royal Decree 1362/2012, of 27 September, the following criteria must be met by the queries regarding the functional scope that are raised before this CCNCC:

1. In the queries raised before this CCNCC on the functional scope of collective agreements in order to determine the agreement applicable to a company based on its activities, the querying party must take into account the following prior to formulating the query:
• The CCNCC is not an immediate response body on the applicable agreements, but rather, as its name indicates, advisory, and to study the different questions that may arise to determine the functional scope of the agreement to be applied based on the business activity, which implies not only the prior study of the query raised by the Commission's technicians but also its subsequent examination and approval at a meeting of the CCNCC as a tripartite body made up of representatives of the Administration, unions and business organisations.
• Queries submitted to the CCNCC require an adequate foundation, which implicitly requires a prior study by the querying party on the particular question as well as the presentation of the reasoning that supports the query and which allows the answer to be argued, indicating those agreements upon which the query is raised in relation to the activity of the company or on the ignorance of the same, as the case may be.
• The following are entitled to raise a query with the CCNCC in accordance with the provisions of art. 14 of Royal Decree 1362/2012, of 27 September:
1. The most representative union and business organisations.
2. Any unitary representative body of workers or union or business entity that, by virtue of its representation, accredits a legitimate interest in the query they lodge.
3. Any labour or jurisdictional authority that has jurisdiction in matters related, directly or indirectly, to the application or interpretation of a collective agreement.
4. Therefore, workers may submit a query about the collective agreement that is applicable to them through any of the previously listed entities.
• On the other hand, it is hereby informed that one can consult the technical criteria and reports issued by the CCNCC, which can respond to queries similar to those being raised, through this link.
2. Documentation and information requirements that queries about the functional scope must contain for processing.
3. Powers of the Autonomous Communities in terms of the functional scope of collective agreements.

Note: The query raised must be presented as a priority through the Common Electronic Registry.

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