Labor Relations and Worker Representation in the Workplace

Worker Delegates (Delegados de Personal)

Worker Delegates are representatives working within the company, irrespective of their affiliation with a union or the company management.

Delegate Thresholds

• Up to 10 workers: No delegate.
• Between 6 and 10 workers: 1 delegate may be elected if the workers desire it.
• 11 to 49 workers: The number of delegates ranges from 1 to 3, depending on the workforce size.

Works Council (Comité de Empresa)

The Works Council represents workers in companies with 50 or more members. The number of members ranges between 5 and 75, depending on the size of the workforce, as governed by regulation. They elect a Chair and a Secretary, and their agreements are reached by majority vote.

Key Functions of Staff Representatives

• Receive information from employers on issues affecting the workforce and inform the workers.
• Know the contracts and receive a basic copy of them.
• Be informed of sanctions being imposed for very serious faults.
• Check compliance with existing rules on work safety and hygiene.
• Work with the company direction to introduce measures aimed at increasing productivity.
• Provide the employer with information concerning the workers.

Trade Unions (Sindicatos)

Trade Unions are associations established to work towards maintaining or improving working conditions.

Their primary roles include:

• Defending workers against any abuse by the employer (such as salary reductions, unjustified layoffs, or deprivation of any right recognized in the Workers' Statute).
• Defending the specific interests of their members.

Collective Bargaining Agreement

A Collective Bargaining Agreement is an accord reached between representatives of workers and employers, regulating working conditions such as wages, hours, and permits.

Scope of Application

• Functional Scope: Applied at a level above or below the company.
• Territorial Scope: May be local, provincial, interprovincial, autonomous community, or state level.
• Staff Scope: Defines the specific personnel to whom the Convention applies.

The Right to Strike (Huelga)

A strike is the temporary cessation of service provision, agreed upon by a group of workers from one or more firms, for the purpose of defending their interests in a labor dispute. This often involves the temporary abandonment of the work center.

Effects of a Legal Strike

• The employment contract is suspended (no wages are paid).
• Striking workers are placed in a special situation regarding social security; the requirement to be listed/registered is suspended.
• The employer cannot replace the strikers.

When is a Strike Considered Illegal?

A strike is deemed illegal under the following circumstances:

• If based purely on political reasons.
• If conducted purely for solidarity or support (unless directly linked to the dispute).
• When it seeks to alter terms already agreed upon in a collective agreement.
• When they occur against established legal rules or procedures.

Lockout (Cierre Patronal)

A lockout is the closure of the work center initiated by the employer for specific, legally defined reasons.

Justified Reasons for Lockout

• Risk of violence to people or damage to property.
• Illegal occupation of the work center or when a serious and certain danger occurs.

The effects of a lockout are the same as those of a strike. The employer must communicate the closure to the labor authority with 12 hours' advance notice.