SPAIN Law and Practice Contributed by: José Antonio Segovia, A&O Shearman
• individual delegates may be appointed in compa - nies or workplaces with more than ten but fewer than 50 employees, or even with six to ten employ - ees if decided by a majority; and • works councils may be appointed in workplaces with at least 50 employees (the number of mem - bers of the works council will depend on the num - ber of employees in the workplace). Elections for workers’ representatives can be pro - moted by: • the most representative trade union; • a trade union with a minimum of 10% of the work - ers in the company; or • employees in the workplace (by majority agree - ment) and following a specific procedure. Trade Union Representation Trade unions have the right to designate union del - egates where there is a minimum workforce of 250 employees in any company or workplace. The num - ber of union delegates will depend on the number of employees in the company. With regard to information and consultation rights, union delegates have the right: • to be informed on a quarterly basis of the compa - ny’s economic situation and other special matters; • to be informed at least once a year about the implementation of rights to equal treatment and equal opportunities between men and women and to participate in the negotiation of the equality plan; • in the event of a transfer of undertaking and the subcontracting of employees, to be informed of: (a) termination documents; (b) serious sanctions imposed; (c) individual terminations; (d) substantial modification of working conditions; and (e) balance sheets, profit and loss accounts, an - nual reports and other documents provided to the company’s shareholders; • to be informed of and consulted on the situation and structure of employment in the company or workplace, and about the adoption of measures designed to reduce risks at work;
• to issue a non-binding report prior to the company carrying out decisions on: (a) the restructuring of the workforce or when terminations are implemented; (b) reductions in working hours; (c) a total or partial relocation of the company’s facilities; (d) a merger process or amendments to the com - pany’s legal status; and (e) organisational and work control systems; • to check that the company is complying with all labour and social security obligations; • to participate in measures of inspection and control of health and safety; and • to negotiate collective measures (collective agree - ments, redundancies, suspension of employment, geographical mobility, substantial amendment of terms and conditions, etc). Other rights and guarantees of union representatives include: • the ability to commence an appeal in the event of sanctions due to serious breaches of obligations; • the possession of seniority over other employees in cases of suspension or termination due to techni - cal or economic reasons; • not being dismissed or sanctioned during the exercise of their representative tasks or during the year following, provided that the basis for the dis - missal or sanction was grounded in the acts of the employee in the exercise of their mandate; • freedom of speech and the ability to publish and distribute publications on matters of labour and social interest; and • the right to paid leave to carry out their representa - tive tasks. 6.3 Collective Bargaining Agreements Statutory CBAs, which carry the force of law, are negotiated by the workers’ representatives and the employer. Statutory CBAs are directly applicable to all employees and employers included within their scope, and those employees and employers are bound by them. These agreements regulate minimum salaries, annual working hours, professional groups, probation - ary periods, holidays and paid leave, and disciplinary measures, among other matters.
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