l6 condensed more

dual channel system

spain uses a dual system for worker representation

• unitary representation

  • represents all workers in a compnay

  • mandatory representation apart of the legal system

  • based on title 2 of the et

• trade union representation

  • represents union members in a company onky

  • voluntary representation based on union membership

  • protected by the consitution and organic law of freedom of association (stronger protection)

spain combins inclusive representation thorugh unitary and expertise from union representation

unitary structure

staff delegates for small companies of 6-49 workers

• 6-10 workers representation is option if the majority agree

• 11-30 workers= 1 delegate

• 31-49 workers = 3 delegates

• always an odd number to prevent tie breaks

• small flexible representation

works council for larger companies with 50+ workers

• 50-100 workers= 5 members in a works council

• 101-250 workers= 9 members

• acts collectively as a collegiate body

• must meet every 2 months

special forms

• joint works council= sever small work units from one company grouped together

  • sites with less than 10 workers are excluded

  • sites total workers should be 50 or more workers

• inter centre works council= a company wide body

  • only if collective agreement allows

  • maximum of 13 representatives

• europeanlevel= european works council ewc esnures cross border worker representation

  • applies to large multinational companies

  • must have at least 1000 workers across the eu with 150 in 2 different countries

  • based on european works council directive

electoral system for unitary representation

unitaru representation elections

• called union elections even tjough there for unitary reps covering all staff not just staff with union membership

calling elections

• trade unions

• unions with at least 10% representation in a company

• majority of workers

  • elections require at least 1 month notice

who can vote in elections

• over 16 yeats of age

• 1 month of service in the company

who can stand as a candidate

• over 18 years of age

• 6 months service in the company soetimes reduced to 3

• can be a foreign worker

who can put forward a candidate

• trade unions

• groups of workers

• individuals but need 3 signatures per seat available

voting system

• staff delegates for smaller companies

  • open list= vote for idniduals on the ballot

  • majority wins= who has most votes

• works council for larger companies

  • closed list= vote for lists of candidates usually from trade unions

  • proportional representation= seats allocated determined by % of votes

• vacancies through resignation or removal

  • delagtes= the next caniddate with the most votes

  • works council= the next candidate on the winning list

  • otherwise there is another partial election

unitary competences

information and consultation power

• consultation before decisions= reps give opinion though it is not binding employer has the decision

• information after decisions= employer must provide the relevant info

• applies to major company changes

  • economic situation

  • employment plans ie hiring, dismissal , redundancy

  • equality and pay gap

  • ai use and sanctions

• reps must be provided with a written report within 15 days for major decisions

monitoring and control power

• check for employer compliance with

  • labour laws

  • health and safety regulations

  • equality laws

• can pursue legal action in cases of breach

negotiation powers

• formal discussions with employers about key workforce changes and contract terms

  • dismissal= conditions and procedures around terminating employement

  • trasnfers= conditions and procedures surronding relocation of workplace

  • ertes= temporary measures like suspension or reduction of working hours due to economic/organisational reasons

  • collective agreements neogtiating pay and working conditions of employement

participation powers

• a voice in shaping workplace polcies and conditions

  • work life balance

  • environmental polcies

  • employee welfare/wellebing programms (health,support services)

additional powers

• call work assemblies= employee meetings including all workers to inform, discuss and cordinate responces to management decisions

  • workplace issues

  • representative elections

  • representative removals

• support collective action= right to promote organise adnd back strike action

• initiate disputes with the employer= formally raise collective disputes with the employer

representatives key role is to inform workers and represent their interests

resoruces and guarantees of unitary reps

• material resources=

  • office or premises for work

  • notice boards or communication tools with employees

• freedom of expression=

  • can communicate with employees and criticise employers

  • must be truthful and respectful

• confidentiality=

  • must protect employer/company sensitive infomration

  • continues after there repreentative role ends

• time credit= paid hours to carry out duties

  • company with less than 100 workers= 15 hours

  • 101-250 workers= 20 hours

  • 251-500= 30 hours

  • 501-750= 35 hours

  • 751 or more= mximum of 40 paid hours a week

    • hours can be pooled between representatives allowing some to be fully or largely freed from normal work duties

    • ie released representativesfocus mainly on rep functions than their usual job

• wrongful dismissal= have the personal choice of reinstatement to roignal polisition or leave with compensation

  • usually left to employer decision for stadnard employee

• priority in redundancies= protected when people are being layed off

• protection from dismissal= cannot be removed for representative role

• no discrimination= cannot be excluded from promotion eg due to role

unitaryy reps have weaker protection and guarantees than union reps as they are not fully covered by the consitutional principle of freedom of association

trade union representation

union sections

• groups of union members within a company

• rights=

  • right to information about changes

  • right to collect union membership fees from employees

  • right to hold meetings with employees who are members

• gain extra rights if the union is representative

  • right to a notice board or communication tools

  • right to collective bargaining with employers about contract and working terms

  • right to a premises to hold meetings if there are over 250 workers in the company

union delegates

• official union representatives inside the company

• must have 250 workers in the company

• the union must be present in the works council (members)

• rights:

  • same guarantees and protections as unitary ie dismissal, material resources etc

  • acces to company information

  • must be consulted on company changes

  • can attend work place assemblies but cannot vote= not an employee

a union member in the company is not automatically a union representative

workers assembly

• meeting of all employees in a company

• protected by the freedom of assembly in the cosnitution and art 4 in et

who can call

• 33 % of workers

• unitary representatives= staff delegates for small company and works council for larger companies

• NOT UNION REPS

rules

• employer must recieve 48 hour notice of meeting

• usually outside working hours unless exployer especially grants

• voting requires absolute majority of all workers not just attendees

employer refusal to assembly allowed if

• rules are not followed

• it has been under 2 months since the last meeting

• lock out= employees not allowed to work

• damages from a previous assembly have not been paid

functions

• discuss workplace specific issues ie shift patterns

• removal of representatives

• calling elections

employer interference

• a serious offence

• sanctionable by fines 7.5k to 225k

summary

spains system combines

• universal legal representation of all wokers= unitary

• specialised union representation= trade union rep

• democratic participation in company changes= assemblies