In a recent decision, the Constitutional Court has endorsed the vocational training system for employment in favor of “most representative” union organizations. This ruling comes in response to doubts raised by the Supreme Court regarding the current regulation, which favored large union centers. The controversy arose in relation to Law 30/2015, which regulates the vocational training system for employment.
The unions with the most members in Spain are UGT and CC OO, each with around one million members. The Contentious Chamber of the court raised a question of unconstitutionality regarding the current regulation, which was seen as potentially discriminatory and a violation of basic principles such as the right to equality. However, the court ruled that the legal regime which attributes consultative and cooperative functions only to union organizations considered “more representative” does not violate freedom of association.
The Constitutional Court emphasized that the difference in treatment based on representativeness is only in the upper echelons of the vocational training system. It is meant to prevent excessive union atomization or dispersion, particularly in areas where effective functioning could be affected by a lack of cohesion. The court concluded that the established legal regime is suitable and reasonable, as it does not extend to economic management of training funds, which are subject to a competitive competition regime.
Overall, this ruling supports the vocational training system for employment and the role of “most representative” union organizations in certain areas of participation. It aims to strike a balance between ensuring effective functioning and preventing excessive dispersion within the union movement.
