007 August 2021

Four questions about works councils

They represent the workers and defend their rights in front of the company. They are only compulsory when the workforce exceeds 1,000 employees, although, with 50 employees, they are advisable.

They represent the workers and defend their rights before the company. They are only compulsory when the workforce has more than 1,000 employees, although, with 50 employees, they are already advisable.

1. What is the purpose of a works council, what are its functions and what do they regulate?  

According to article 63 of the Workers’ Statute (ET), a works council is the representative and collegiate body of the workers as a whole in the company. Its raison d’être is to defend the interests of the staff.

It is, in short, the form of worker participation in the company’s business activity and decision-making, since the committee “has the right to be informed and consulted by the employer on those issues that may affect the workers”.

It also has the power to take administrative or legal action within limits set by the statute.

2. Do all companies have a committee of workers’ representatives? What does it depend on?

No, nor are they obliged to have one, except for companies with more than 1,000 employees, following European regulations, although it is usual and advisable for companies with more than 50 employees.

According to a scale set out in Article 66 of the Workers’ Statute, the number of works council members varies according to the number of employees. Thus, for example, from 50 to 100 employees, five members; from 101 to 250, 9; from 251 to 500, 13; from 501 to 750, 17; from 750 to 1,000, 21; and from 1,000 employees onwards, 21 plus 2 for every 1,000 up to a maximum of 75.

3. There will be committee elections in my company, how are they formed, and who elects them?

Elections for committee members can be held on a general or partial basis. However, when they are for the renewal of representation at the end of the term of office, they can only be held after three months have elapsed.

Partial elections can also take place in the event of resignations, revocations or adjustments of representation due to an increase in the number of employees. According to Article 69 of the ET, “staff delegates and works council members shall be elected by all workers by personal, direct, free and secret ballot”.

All company workers may elect them over 16 years of age and at least one month’s seniority. Workers over 18 years of age and with at least six months’ seniority shall be eligible for election, unless another term is agreed in the collective agreement, with a minimum limit of three months’ seniority”.

In the election for personnel delegates (in companies with less than 50 workers), each worker may vote for a maximum number of candidates equivalent to the number of posts to be filled. Those who obtain the highest number of votes shall be elected. In the event of a tie, the longest-serving employee shall be elected.

4. I have been asked to be a member of a works council. What obligations and benefits, if any, do I have?

Works council members have certain guarantees as workers. They are set out in Article 68 of the Workers’ Statute.

These include the priority of permanence in the company over other workers in the event of suspension or termination for technological or economic reasons; not being dismissed or punished during the exercise of their functions or within one year of the expiry of their mandate. 

They also have a credit of paid hours per month for the exercise of their representative functions.