Company Committees
Posted: Mon Dec 23, 2024 7:05 am
How the Labor Reform affects the rights, obligations and powers of workers' representatives
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Friday, May 27, 2022 08:00
Written by Carolina Domínguez Areta
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In order to update the legal regulations to the needs of the labour market, the current legislation on labour matters was approved on 28 December through Royal Decree Law 32/2021, which establishes urgent measures for labour reform, the guarantee of employment stability and the transformation of the labour market.
Did you know that it has important implications to take into account for the legal representation of employees in companies?
What does legal representation of employees in the company consist of?
The legal representation of employees in the company is organised through the so-called "representative bodies", which look after the interests and rights of these employees in the scope of their work activity within the organisation.
Unitary representation bodies
The legal representation of the personnel employed in the company may be unitary, when the power of representation falls on one or several designated persons, depending on the volume of personnel employed in the organization.
The persons who perform this unitary representation may be:
Personnel delegate in the company.
Union delegate in the company.
Delegate or personnel representative
In companies with fewer than 50 employees, the unitary representative body will be the staff representative, who may or may not coincide with the union representative, and who in any case will be a worker elected by and among the workers and who will act as legal representative of the others in labour matters and collective bargaining with company management.
The Law grants certain rights and powers through the Workers' Statute, Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute Law.
The Personnel Delegate has the right to be informed by the company, consulted and to carry out his/her representation activity in labour matters in the legally established terms.
meeting of workers' representatives in a company
Union delegate
Unitary representation may also be the responsibility of a union delegate who acts on behalf of a reference union at a geographical and sectoral level in the company, to defend the interests of the workforce in the organization.
This legal representation figure is elected by and among the workers affiliated to the Union.
The union delegate has the rights and powers granted by the LOLS, Organic Law 11/1985, of August 2, on Trade Union Freedom.
In practice, the role of staff representative may overlap with that of union representative, but it is important to recognise that these are different powers of representation.
Did you know that there can be union representatives in public administrations? Indeed, as the labour and civil service sectors coexist in the State administration , union representatives can coexist on both sides.
Bodies of collegial representation
These are bodies in which the legal representation of workers is carried out jointly among their members.
In companies with more than 50 employees, this legal representation falls to the Company Committee, the number of representatives of which will vary depending on the personnel employed in the organization.
Its functions include being the interlocutor between employees and company management kuwait numbers and when the latter makes decisions on labor issues, always in accordance with the legislation that regulates the exercise of its functions and the guarantees in the performance of this legal representation in an effective manner, such as freedom of assembly or expression in the work environment.
Staff Meetings
It is the collegiate body for legal representation of public servants. Its functions are regulated by Royal Legislative Decree 5/2015, of October 30, which approves the revised text of the Basic Statute of Public Employees.
In carrying out their representative duties, these bodies need a law that protects them from reprisals or limitations in order to be able to exercise their duties with full effectiveness.
Among the rights guaranteed by law are the following:
Right to information and consultation
Right of assembly and association
Right to demonstrate and strike
The current Labor Reform assigns a key role to the legal representation of the personnel employed in the company , as they must be informed in matters of planning and forecasting the hiring of people in it, as a guarantee for the defense of job stability in the workplace.
Other keys to the Labor Reform
Elements that affect the legal representation bodies in the workplace include, among others, the following:
Collective bargaining:
Greater representation and legal certainty in negotiations with business management and social stakeholders.
Employment recruitment:
Right to be informed about the provisions for temporary contracts and calls for fixed-discontinuous contracts, as well as vacancies in the workplace that entail permanent employment for these groups.
Right to be informed of training contracts and training plans and programs carried out in the company.
Do you want to know more about the legal representation of employees in the company?
Are you one of them? Would you like to be one or are you interested in knowing what your rights, obligations and responsibilities are in the performance of this position? If you are interested in this role in the company, we can help you with specific training on this subject. At Cursos Femxa you can find courses related to the different participants and legal functioning in Collective Bargaining, and related to the subject you have read about, the functions of workers' representatives . Go ahead! Keep learning!
SHARE
Rate this article12345(3 votes)
Friday, May 27, 2022 08:00
Written by Carolina Domínguez Areta
☛ Send to a friend
In order to update the legal regulations to the needs of the labour market, the current legislation on labour matters was approved on 28 December through Royal Decree Law 32/2021, which establishes urgent measures for labour reform, the guarantee of employment stability and the transformation of the labour market.
Did you know that it has important implications to take into account for the legal representation of employees in companies?
What does legal representation of employees in the company consist of?
The legal representation of employees in the company is organised through the so-called "representative bodies", which look after the interests and rights of these employees in the scope of their work activity within the organisation.
Unitary representation bodies
The legal representation of the personnel employed in the company may be unitary, when the power of representation falls on one or several designated persons, depending on the volume of personnel employed in the organization.
The persons who perform this unitary representation may be:
Personnel delegate in the company.
Union delegate in the company.
Delegate or personnel representative
In companies with fewer than 50 employees, the unitary representative body will be the staff representative, who may or may not coincide with the union representative, and who in any case will be a worker elected by and among the workers and who will act as legal representative of the others in labour matters and collective bargaining with company management.
The Law grants certain rights and powers through the Workers' Statute, Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute Law.
The Personnel Delegate has the right to be informed by the company, consulted and to carry out his/her representation activity in labour matters in the legally established terms.
meeting of workers' representatives in a company
Union delegate
Unitary representation may also be the responsibility of a union delegate who acts on behalf of a reference union at a geographical and sectoral level in the company, to defend the interests of the workforce in the organization.
This legal representation figure is elected by and among the workers affiliated to the Union.
The union delegate has the rights and powers granted by the LOLS, Organic Law 11/1985, of August 2, on Trade Union Freedom.
In practice, the role of staff representative may overlap with that of union representative, but it is important to recognise that these are different powers of representation.
Did you know that there can be union representatives in public administrations? Indeed, as the labour and civil service sectors coexist in the State administration , union representatives can coexist on both sides.
Bodies of collegial representation
These are bodies in which the legal representation of workers is carried out jointly among their members.
In companies with more than 50 employees, this legal representation falls to the Company Committee, the number of representatives of which will vary depending on the personnel employed in the organization.
Its functions include being the interlocutor between employees and company management kuwait numbers and when the latter makes decisions on labor issues, always in accordance with the legislation that regulates the exercise of its functions and the guarantees in the performance of this legal representation in an effective manner, such as freedom of assembly or expression in the work environment.
Staff Meetings
It is the collegiate body for legal representation of public servants. Its functions are regulated by Royal Legislative Decree 5/2015, of October 30, which approves the revised text of the Basic Statute of Public Employees.
In carrying out their representative duties, these bodies need a law that protects them from reprisals or limitations in order to be able to exercise their duties with full effectiveness.
Among the rights guaranteed by law are the following:
Right to information and consultation
Right of assembly and association
Right to demonstrate and strike
The current Labor Reform assigns a key role to the legal representation of the personnel employed in the company , as they must be informed in matters of planning and forecasting the hiring of people in it, as a guarantee for the defense of job stability in the workplace.
Other keys to the Labor Reform
Elements that affect the legal representation bodies in the workplace include, among others, the following:
Collective bargaining:
Greater representation and legal certainty in negotiations with business management and social stakeholders.
Employment recruitment:
Right to be informed about the provisions for temporary contracts and calls for fixed-discontinuous contracts, as well as vacancies in the workplace that entail permanent employment for these groups.
Right to be informed of training contracts and training plans and programs carried out in the company.
Do you want to know more about the legal representation of employees in the company?
Are you one of them? Would you like to be one or are you interested in knowing what your rights, obligations and responsibilities are in the performance of this position? If you are interested in this role in the company, we can help you with specific training on this subject. At Cursos Femxa you can find courses related to the different participants and legal functioning in Collective Bargaining, and related to the subject you have read about, the functions of workers' representatives . Go ahead! Keep learning!