Union Representation in Spanish Companies
Enterprise Union Sections
Applicable Rules
A dual channel of representation exists. According to Article 8 of the LOLS (Organic Law on Trade Union Freedom), there is unitary representation (works council or staff representatives) and union representation (trade union branches).
Constitution
No specific prerequisites are set; constitution is usually defined by the union’s statutes. Only workers can be union members, not the union itself. Membership does not affect the number of representatives or members of the union. Representation may exist at the enterprise level or central level.
Rights of Union Sections
- Right to a board.
- Right to negotiate a collective agreement.
- Right to local facilities: If the company has more than 250 employees, facilities should be provided for ordinary tasks, including appropriate furniture and equipment. This does not imply meetings with all members.
Union Delegates (Delegados Sindicales)
Organizational Criteria
Union delegates are individuals representing their union branch who exercise rights granted by law. This representation is established when the following two requirements are met:
- A number of workers in the reference unit (250 or more, regardless of their contract).
- The presence of the union on the enterprise committee.
Number of Union Delegates
There is a minimum number of delegates per section, depending on the number of workers in the reference unit (company or workplace), according to the following scale:
- From 250 to 750 workers: 1 delegate.
- From 750 to 2000 workers: 2 delegates.
- From 2001 to 5000 workers: 3 delegates.
- From 5001 onwards: 4 delegates.
Appointment of Delegates
Delegates are elected by and from among the members. The term of office is limited, but they can be replaced if the union decides. After the designation, the employer must be informed and cannot refuse recognition. It is possible for a union delegate to also be on the works committee, but this does not usually happen.
Guarantees and Facilities
The employer may assume financial costs. Delegates should enjoy effective protection against any act prejudicial to their capacity as representatives. In addition, the employer must facilitate the fast and efficient performance of their duties. Their status is based on that of the works committee, equating union delegates with committee members (if there are 2 delegates, this is not explicitly considered). They also have a credit of hours, which is 20 hours if there are up to 250 employees. If included in the collective agreement, these hours can be accumulated (except if the individual is both a committee member and a union delegate).
Rights of Union Delegates
If not part of the works committee, union delegates must have the following rights:
- Right to attend committee meetings and relevant safety and hygiene meetings, with voice but no vote. They have the right to be actively informed by the committee members.
- Right to be heard by the company prior to the adoption of collective measures that affect workers in general and union members in particular. Especially in cases of dismissal of members, the employer must provide a hearing for the union delegate prior to defending the worker. Failure to do so violates freedom of association.
- Right to passive information: The same rights as the works committee.
Right of Assembly and Unitary Representation
Works Councils and Staff Representatives
The works councils or staff representatives may convene meetings of workers, which tend to be purely informative.
Restrictions on the Right of Assembly
Unpaid assemblies are to be held at the workplace but outside working hours. Even during closures, the employer must enable premises where strikers can meet. All workers can attend, not just union members.