The representation of workers in the company

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Workers may be represented in the company through two channels:

• Directly elected representatives.
• Trade Union representatives.

Directly elected representatives

Directly elected representatives will be elected by holding elections in companies with more than 10 workers. By way of a majority decision by the workforce, a directly elected representative may also be elected in companies with between 6 and 10 workers.

The election will be carried out based on a free, personal and secret vote.

Número:

The number of representatives will depend on the size of the staff according to the following scale:

• Up to 30 workers: 1 Staff Delegate.
• From 31 to 49 employees: 3 Staff Officers.
• From 50 to 100 employees: Works Council of 5 members.
• From 101 to 250 employees: Works Council of 9 members.
• From 251 to 500 employees: Works Council of 13 members.
• From 501 to 750 employees: Works Council of 17 members.
• From 751 to 1,000 employees: Works Council of 21 members.
• From 1,000 onwards, two per thousand or fraction with a maximum of 75 members.

Funciones:

They have duties in terms of information, participation and consultation.

Specifically, they must be informed by the employer about the most relevant issues of the company which are specifically included in the law. Furthermore, they are assigned a monitoring function with regard to the employer's compliance with the applicable standards and the duty to inform the parties they represent about any matters affecting employment relations.

The employer must request their report on certain matters, with the representatives also being entitled to carry out collective bargaining at employer level and to call a strike or other collective conflict measures.

Garantías:

The performance of these tasks is protected by the legal system through the recognition of the following guarantees:

• Initiation of contradictory proceedings in the event of sanctions for serious or very serious offences whereby, apart from the party concerned, the Works Council or other staff delegates shall be heard.
• Priority of permanence at the company or work centre over any other workers in the event of suspension or extinguishing of the contract for economic, technical, organisational or production reasons.
• Not to be dismissed nor subject to sanctions during the performance of their duties, nor within one year subsequent to termination of their term of office provided that the dismissal or sanction is based on the action of the workers during the course of their representation.
• Not to be discriminated against as regards their economic or professional promotion precisely because of the representation they provide.
• To express their opinions freely.
• To have a credit of paid monthly hours for the exercising of their representation duties, according to the following scale:
  • 1. Up to 100 workers: 15 hours.
  • 2. From 101 to 250 employees: 20 hours.
  • 3. From 251 to 500 employees: 30 hours.
  • 4. From 51 to 750 employees: 35 hours.
  • 5. From 751 onwards: 40 hours.

Trade Union representatives

Trade union representation is coordinated through the twofold channels of trade union delegates and sections.

Trade Union sections in the company may be established by workers affiliated to a union.

In companies, or workplaces, with more than 250 workers, the union sections will be represented by a union delegate who will be elected by and from amongst the members.

Trade Union delegates will have the same guarantees as those established for the directly elected representatives of workers, as well as the following rights:

• To have access to the same information and documentation that the company makes available to the works council.
• To attend meetings of the works councils and the company's internal bodies regarding safety and hygiene, being able to speak but not to vote.
• To be heard by the company prior to the adoption of collective measures that affect workers in general and members of their trade union in particular, and especially with regard to the dismissals and sanctions of the latter.