Employee Representation: Rights, Guarantees, and Union Structure

Posted on Jan 26, 2026 in Business Administration and Management (BAM)

Employee Representation in the Company

Workers can participate in the future of the company through their representatives. This participation is channeled through two main forms:

  • Staff Delegates and Works Councils (Unitary Representation).
  • Trade Unions (Collective Representation).

The right of workers to participate in the company is recognized in the Constitution (Article 129.2) and the Workers’ Statute (Article 4.1 g)).

Workers have the right to meet in assembly at the workplace, provided conditions permit, and outside working hours.

Employers, conversely, can act for themselves without representation.

Guarantees for Workers’ Representatives

Workers’ representatives are afforded specific protections to ensure they can perform their duties freely:

  • Priority permanence in the company (protection against layoffs).
  • Protection against dismissal or punishment based on their representative duties.
  • If sanctioned for serious or very serious misconduct, the representative must have a contradictory dossier opened (due process).
  • Nondiscrimination based on their representative status.
  • Freedom of expression in the exercise of their functions.

Unitary Group Representation

The group of employees in a company is entitled to be represented regardless of their union affiliation. The specific form of unitary representation (Staff Delegates or Works Council) depends on the number of workers.

Staff Delegates (Fewer than 50 Workers)

When the company has fewer than 50 workers, unitary representation is carried out by Staff Delegates.

The Works Council (50 or More Workers)

If the company has 50 or more workers, unitary representation is exercised by the Works Council. The structure of the council depends on the number of workers in the enterprise or workplace.

  • Joint Works Council: Applies to two or more workplaces in the same province or in neighboring municipalities.
  • Inter-Company Works Council: In companies where several works councils already exist, the creation of a single inter-company council may be agreed upon via collective agreement.

Competencies of Delegates and Works Council Members

The delegates and members of the Works Council have the following powers:

  • Receive Information on:
    • The economic situation of the company.
    • The probable development of employment.
    • The annual accounts of the company.
  • Regarding Contracts and Workforce:
    • Receive a basic copy of all contracts.
    • Access to the standard contract models.
    • Monitoring workforce staffing levels.
    • Monitor and control health and safety conditions in the company.

Collective Union Representation

Trade unions are non-profit associations of employees whose main aim is to achieve the economic and social progress of their members by maintaining or improving their working conditions.

The Organic Law on Freedom of Association (LOLA)

Fundamental Rights of Association

The rights included under the freedom of association are:

  • The right to form unions.
  • The right to join a union or not.
  • The right of each member to choose freely.
  • The right to union activity.

Who Can Join a Union?

The following individuals can join a union:

  • Employed persons.
  • Disabled persons.
  • Retirees.
  • Unemployed persons.
  • Self-employed persons without employees at their service.

Exclusions from Union Membership

The following groups are excluded from the right to join a union:

  • Members of the Armed Forces.
  • Judges, magistrates, and prosecutors, while they are active.

Members of the Corps and State Security Forces who are not military shall be governed by specific legislation.

Internal Organization of Trade Unions

Workers are typically grouped by occupational activities or industries. These groups are called federations.

The grouping of federations belonging to the same trade union is called a confederation.

Members of unions working in a company have the right to form trade union branches (sections) in their company or workplace.

In companies or workplaces with more than 250 employees, unions will be represented by union delegates, chosen from among the workers of the company who are affiliated with the union.