## [Registration of collective labor agreements and agreements and control of legality](/en_GB/new/registration-collective-labor-agreements-and-agreements-and-control-legality) # Registration of collective labor agreements and agreements and control of legality Spain - 07 / 28 / 2026 Federico Durán López, of counsel in Garrigues' Labor and Employment Department - - [](https://www.linkedin.com/sharing/share-offsite/?url=https://www.garrigues.com/en_GB/new/registration-collective-labor-agreements-and-agreements-and-control-legality) - []() - []() Previous Next ![](/sites/default/files/noticias/img/20260727_1000x400_0.jpg) **The Supreme Court declares that the control of legality for collective agreements falls outside the powers attributed to it by law.** There has been an ongoing debate, for a few years now, concerning the scope of administrative powers in the process for registration and publication of collective labor agreements, as well as other collective agreements in relation to employment (equality plans, in the near future, sustainable mobility plans). The provisions in the law seem clear: the only condition for the validity of a collective agreement is, under article 90.1 of the Workers' Statute for it to be formalized in writing (the penalty for failure to do so is the voiding of the agreement. There is no scope for verbal collective agreements, although there can be other verbal agreements which will never have the same effect as a collective agreement). And if collective agreements have to be submitted to the competent labor authority, it is "solely for the purpose of registration" (article 90.2 of the Workers’ Statute), and that authority must order its publication, which will be mandatory and free of charge, in the relevant official gazette (article 90.3 of the Workers’ Statute). This does not preclude that, if the labor authority considers that a collective agreement violates the legislation in force, it will refer it on its own initiative to the labor courts (article 90.5 of the Workers’ Statute). Even if the principle, shored up by the law, of gender-based equality and non-discrimination is held to be affected, this same conclusion applies, which is not distorted by the role conferred in such a case on the Institute for Women and Equal Opportunities, now the Institute for Women (article 90.6 of the Workers’ Statute). Despite the clarity of these mandates in the law, administrative practice, in relation to both the registration of agreements and equality plans, has been introducing an increasing number of elements of control of legality and assessment, from the standpoint of adapting the agreed terms to comply with the legal system. And this is true both in relation to the substantive rules or the measures they contain, as well as to the authority of the negotiating parties and the members of the negotiating committee. The move towards earlier practices of "validation" of the collective agreement cannot fail to cause concern because of its impact on the freedom to negotiate and to agree terms and because it questions the binding force of the constitutionally protected collective labor agreement. This issue has been addressed, and hopefully resolved, by an important judgment by the fourth chamber of the Supreme Court. The judgment dated July 27 (no 461/2025, appeal number 11/2023) addresses, in effect, the scope of administrative powers in connection with registering equality plans, although it sets out a general principle in relation to collective agreements and any agreements required to be registered and, if applicable, published. The Supreme Court begins by looking at the pre-constitutional rules, which first required "authorization" of the collective agreement by the labor authority, followed by its "validation". In this process, any discretion for the authorities disappeared, together with any room for deletion of any agreed terms from a political or economic standpoint, although there remained an assessment of the content of the agreement by the administrative authority which, only if it considered that the agreement could be validated from the standpoint of its compliance with the law, proceeded with its registration and publication. Neither mechanism is compatible with the Spanish Constitution. Since the Constitution, "the concept of approval or validation of the product of negotiation is not admissible," says the judgment. The "normative force" of the agreement "derives directly from the "normative power" to regulate their relations and interests that the Constitution attributes to the representatives of employers and workers", the Supreme court went on to say. Regardless of whether, in my opinion, there is no normative force of the agreement nor does the Constitution attribute any normative power to employers or to trade unions (or workers' representatives), and collective labor agreements are nothing more than contracts, with all the binding force of contracts (which are, let us not forget, law between the parties), and with the general effectiveness and binding force of individual contracts that arise from their collective nature, what the Supreme Court tells us is that the validity of collective agreements, and their binding force, come directly from the constitutional recognition, and from its mandate, of the right to collective bargaining, and that validity has not been made dependent on any type of approval or validation by the authorities. Following the Constitution, "the validation of collective agreements by the labor authority disappeared definitively and was replaced simply by registration", as determined by the clear provisions of article 90 of the Workers’ Statute mentioned above. "The labor authority therefore forfeited all power of approval or validation, but not necessarily of control of legality", although the latter did not disappear completely, and it is important to stress this point, for the sole reason that the authority can refer the case to the courts if it considers that the submitted collective labor agreement " violates the law in force or seriously harms the interests of third parties". I must insist that this last nuance is very important, since, as the court states, "it would not be compatible with the Constitution if the control of legality of pre-constitutional collective bargaining were established through registration". "What cannot be done," the court still clarifies, "is to convert the step of registration into a full control of legality, because in such a case it will be resurrecting, under another name, the control of legality" of pre-constitutional provisions. "The control of legality is reserved for the courts", and it relates to both the content of the agreed terms and the authority of the spokespersons who agree to them, the correct constitution of the negotiating committee and the procedure followed to reach the agreement. Controlling the legality of both elements is subject to a reservation of jurisdiction, and therefore "the authorities cannot constitutionally assume functions of control of legality, beyond the fact that it can be recognized as having active standing to challenge" the collective agreement or the equality plan (and any other agreement requiring registration). In particular, and this is an important point to highlight in view of recent administrative practice, "the questioning of the legitimacy rules for the members of the negotiating committee is a matter of legality and any decision in this respect is the responsibility of the courts, without the labor authority being able to replace them in this function by refusing registration". As the culmination of all this, once a collective agreement or agreement has been submitted for registration, "the authorities will not be able to declare it illegal and deny registration but must instead in all cases apply for a judicial process to challenge the collective agreement". Any doubt about the legality or correct composition of the negotiating committee "is already part of the control of legality of the collective agreement" and that "control of legality is unrelated to the act of administrative registration". Denying registration on those grounds (or considering, as the authorities do, that the application for registration and publication has been withdrawn), "means resurrecting a mechanism for approval or validation of the products of negotiation that is not compatible with our constitutional framework and that also has no support either in Organic Law 3/2007 or in its implementing regulations". The case law could not be clearer or more forceful and the administrative tasks of registration and publication of collective agreements and agreements should be complied with, without question. [Labor and Employment Law](/en_GB/tags/labor-and-employment-law), [Spain](/en_GB/tags/spain) ### Contact ![Foto del socio](/sites/default/files/styles/medium/public/team/photo/Federico_Duran_Lopez_en_20240619.jpg?itok=4FehFBPm) [Federico Durán](/en_GB/team/federico-duran-lopez) ![](/themes/custom/garriguestheme/img/iconos/email-contacto.svg)[Contact]() - +34 91 514 52 00 [Madrid](https://www.garrigues.com/en_GB/office/madrid) [Find more professionals](../team) ### Related services - [Labor and Employment ](/en_GB/services/labor-and-employment) - ## Find a publication - [Administrative and Constitutional Law](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1422) - [Agribusiness and Food](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1417) - [Automotive](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1419) - [Banking and Finance](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1443) - [Corporate and M&A](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1441) - [Corporate Governance and Sustainable Development](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A12823) - [Criminal Law and Internal Investigations](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1434) - [Data Economy, Privacy and Cybersecurity](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A10913) - [Dispute Resolution: Litigation and Arbitration](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1412) - [Energy](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A10916) - [EU and Antitrust Law](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1416) - [Family Business](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1413) - [Fashion Law](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1435) - [Financial Regulation](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A10915) - [G-advisory](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A12821) - [Human Capital Services](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1431) - [Infrastructure](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A10914) - [Insurance](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1438) - [Intellectual Property](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1421) - [Labor and Employment](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1424) - [Life Sciences and Healthcare](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1429) - [Media and Entertainment](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1433) - [Planning, Zoning and Environment](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1444) - [Private Equity](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1439) - [Real Estate](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A10927) - [Restructuring and Insolvency](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1420) - [Securities Markets](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1442) - [Sports](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1430) - [Startups & Open innovation](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1426) - [Sustainability](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A10921) - [Tax](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1425) - [Technology, Communications and Digital](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1436) - [Tourism and Hotels](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1432) - [Transport, Logistics and Shipping](/en_GB/markdownify/node/15966?f%5B0%5D=service%3A1428) Facet Services detail - [Publications](/en_GB/markdownify/node/15966?f%5B0%5D=publication_type%3A794) - [Newsletters](/en_GB/markdownify/node/15966?f%5B0%5D=publication_type%3A107) - [Garrigues collection](/en_GB/markdownify/node/15966?f%5B0%5D=publication_type%3A101) - [Laws: amendments at a glance](/en_GB/markdownify/node/15966?f%5B0%5D=publication_type%3A104) - [News](/en_GB/markdownify/node/15966?f%5B0%5D=publication_type%3A105) Facet Publication type detail Min Max ## News search engine