Workers’ Representation in Spain: Rights and Regulations

Posted on Mar 15, 2025 in Law & Jurisprudence

Workers’ Representation in Spain: Key Aspects

1. Customary Work Practices

Customary work practices are specific to a particular profession and locality (municipality or province). However, collective agreements often supersede customs. For example, in Barcelona, it was customary for waiters to be prohibited from wearing beards.

2. General Principles of Law

These principles, while not exclusively labor law, inform and influence legal interpretation.

3. Jurisprudence

Jurisprudence, particularly the judgments of the Supreme Court, complements the sources of law and is crucial in practice as it directly affects citizens.

4. State Competence (Article 149.1)

The State has exclusive competence over labor legislation, although Autonomous Communities may execute this legislation. Autonomous Communities do not regulate aspects related to employment contracts, but they can implement state regulations.

5. Governing Law for Civil and Commercial Contracts with a Foreign Element

This section requires further context to provide a complete explanation.

Representatives of Workers

There are two types of worker representatives: unitary and union representatives.

1. Unitary Representatives

These are elected representatives of workers in companies, chosen through union elections. They are known as staff delegates and works councils.

Distinguishing Between Staff Representatives and Works Councils

The type of representation depends on the size of the workforce:

  • Staff Delegates: In companies with 6 to 49 workers.
  • Works Councils: In companies with 50 or more workers.

Who Can Elect Unitary Representatives?

Workers aged 16 years and older with at least one month of seniority.

Who Can Be Elected?

Workers over 18 years old with a minimum of 6 months of seniority in the company.

Powers of Unitary Representatives

  1. Information: They receive information on contracts signed by the company, contract terminations, economic developments in the sector, and subcontractors.
  2. Collective Bargaining: They participate in company collective agreements.
  3. Surveillance and Control: They monitor compliance with labor regulations.
  4. Action: They can file complaints and lawsuits, especially in collective disputes.

Guarantees for Unitary Representatives

  • Contradictory Dossier: Required for serious offenses the employer wishes to bring against a unitary representative.
  • Preference to Remain: In case of company restructuring, representatives have preference to stay over other workers.
  • Indemnity Guarantee: Applies during their mandate and even the following year.
  • Freedom of Expression: Within the scope of their labor representation, without causing conflict within the company.
  • Credit Hours: Each company committee member has a minimum of 15 hours per month and a maximum of 40, depending on the size of the workforce.

Staff Delegates and Works Council Composition

  • Staff Delegates:
    • 6 to 10 workers: 1 delegate may be elected.
    • 11 to 30 workers: 1 staff delegate is always elected.
    • 31 to 49 workers: 3 staff delegates are always elected.
  • Works Council:
    • 50 to 100 workers: 5 members.
    • 101 to 250 workers: 9 members.
    • 251 to 500 workers: 13 members.
    • From 1000 workers: add 2 members for every additional 1000 workers (or fraction thereof).

Types of Works Councils

  • Single Works Council: For a single workplace with over 50 employees.
  • Joint Works Council: For a workplace with a works council and two or more other work centers that individually have fewer than 50 employees but collectively have 50 or more.
  • Inter-center Committee: Composed of representatives from each works council. It’s a committee representing all workplaces.
  • European Works Council: Similar to an inter-center committee but at the European Community level. For companies or groups of companies with two or more work centers in two or more European Union countries and with more than 1,000 workers.

2. Trade Unions

Governed by the Organic Law on Trade Union Freedom (LOLS), specifically articles 8 and 10.

Most Representative Trade Unions

At the state level, these include Workers’ Commissions (CCOO) and the General Union of Workers (UGT). At the Autonomous Community level, there are also representative unions.

Union Delegates (Article 10 LOLS)

Union delegates are representatives of certain union sections, as foreseen in Article 1 of the LOLS. In companies with over 250 workers, and where the union has members on the works council, union delegates have the same guarantees as unitary representatives.