Statutes of Workers’ Rights
The articles 65.2, 68 and 83 of the Statutes of Workers’ Rights and the articles 18, 21.3, 22.4, 23, 33, 38.2 and 40 of the law 31/1995 related to the field of Prevention are included below.
Article 65. Professional capacity and confidentiality
2. The members of the Works Council and as a whole, as well as, in their case, the experts that attend, must respect the duty of confidentiality with respect to that information that, in legitimate and objective interest of the company or the workplace, has been specifically provided on a confidential basis.
Article 68. Warranties.
The members of the Works Council and the staff’s delegates, as legal representatives of the employees, will have to the guarantees mentioned below, except to the provisions of the collective agreements:
- Initiate inter partes proceedings in the event of punishments for serious or very serious mistakes, in which the party concerned and the Works Council or the rest of the staff’s delegates will be heard.
- Priority of continuing in the company or workplace in respect of other workers, in the event of suspension or termination for technological or economic reasons.
- Not be fired or punished during the development of their functions or within the year following the expiration of their term of office, except if it occurs for the revocation or resignation, provided that the dismissal or punishment was based on the worker’s performance during the development of their representation functions, without prejudice to what is provided in the article 54. Likewise, they cannot be discriminated in their economic or professional promotion precisely because the performance of their representation.
- Freely express, collectively if it is the committee, their opinions on issues related to their representation, being able to publish and distribute, without affecting the normal development of work, the publications of labour and social interest, notifying the company.
- Having each member of the council or staff’s delegate in each workplaces a number of paid working hours to develop their representation functions, according to the following scale: staff’s delegates or members of the Works Council:
Up to one hundred workers, fifteen hours.
From one hundred and one to two hundred and fifty workers, twenty hours.
From two hundred and fifty-one to five hundred workers, thirty hours.
From five hundred and one to seven hundred and fifty workers, thirty-five hours.
From seven hundred and fifty-one forward, forty hours.
The accumulation of hours of the different members of the Works Council and, in their case, of the staff’s delegates in one or several of their components, without exceeding the maximum, being possible of being relieved from work, without prejudice to the salary, can be agreed in the collective agreement.
Article 83. Business trading units.
- The application scope of the collective agreements is that that the parties agree on.
- By means of inter-trade agreements or collective agreements, the most representative union organisations and employers’ associations, nationally or at the Autonomous Community, will be able to establish the structure for collective negotiations, as well as determine the regulations to resolve the conflicts of coincidence between agreements from different fields and the principles of complementarity of the different recruitment units, focusing always on this last case the issues that will not be suitable for negotiation in lower scopes.
- Those organisations of workers and employers will be able to reach agreements on specific issues. These agreements, as well as the inter-trade agreements to which the paragraph 2 of this article refers to, will have the treatment of this Law for collective agreements.
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