Labor Unions and Business Associations: Workers' Rights

Labor Unions: Representative Status

Requirements for Representative Status

To be considered a most representative union:

1. State Level: Must have 10% of the delegates.
2. Autonomous Community Level: Requirements vary by region.

Powers of Most Representative Unions

• Represent institutional interests.
• Engage in collective bargaining.
• Participate as partners in various forums.
• Participate in non-jurisdictional conflict resolution.
• Promote elections for staff representatives and works councils.
• Obtain temporary transfers of property for use.
• Perform any other representative function.

Business Associations

Article 7 of the Constitution protects the right to form business associations. Their internal structure and operation must be democratic. Business associations can be considered most representative at the state or Autonomous Community level.

Requirements for Representative Status

1. State Level: Must represent 10% of businesses.
2. Autonomous Community Level: Must represent 15% of businesses.

Business associations can form confederations and federations, such as:

• Spanish Confederation of Business Organizations (CEOE)
• Business Confederation of Small and Medium Enterprises (CEPYME)

Worker Guarantees

Workers are guaranteed the following:

1. A record in the event of contradictory wishes to punish the company for serious misconduct.
2. Priority to remain in the company during restructuring.
3. Protection from dismissal or punishment for exercising their rights.
4. Freedom to express their opinions.
5. A certain number of paid hours per week to perform their functions as representatives.

Workers' Assembly

Workers have the right to assemble during and outside working hours, unless otherwise agreed with the employer. The assembly may be convened by the works council, staff representatives, or by the workers themselves. The assembly agenda must be communicated in advance. Only matters on the agenda can be discussed. Decisions require a favorable vote of more than half of the company's workers.

Example: A workers' assembly is scheduled for November 22nd at 8:00 PM (first call) and 8:30 PM (second call) in the company auditorium. The agenda includes reading of previous minutes and a question and answer session.

Works Council

A works council is formed in companies with fifty or more workers. If firms are in the same province or neighboring municipalities, two or more workplaces that do not individually meet the fifty-employee threshold can form a joint committee. Companies with different work centers may agree in collective agreements to create an inter-center committee.

Staff Representatives

In firms with more than ten and less than fifty workers, staff representatives are directly elected by the workers.

Responsibilities of Representatives

Representatives of workers have the right to:

• Receive information about the company's economic status.
• Oversee the enforcement of labor standards.
• Issue reports.
• Negotiate collective agreements.