The regulations establish that workers may establish a works council in workplaces with a workforce of 50 or more employees (in workplaces with fewer employees, social representation will be assumed by the employee delegates). However:

• When a company has more than one workplace and they do not individually reach 50 workers but do so collectively, workers may establish a joint works council, which includes representatives from the different workplaces and acts in relation to all of them.
• For this purpose, the workplaces must be located in the same province or in neighboring municipalities. And if some workplaces reach 50 workers and others in the same province do not, works councils will be established in the former and another one will be established with all the latter.

Even if these thresholds are exceeded, there is no obligation to establish a works council, as it is a decision that falls to the workers and unions. However, once the elections have been called and the communication to the company has been made, it is obliged to provide the necessary means for the normal conduct of the vote, which must take place during the working day and at the workplace.

Furthermore, when there are various works councils (for individual workplaces or joint), an inter-centre works council may be established. For this, it is necessary for the applicable collective agreement to enable it. This agreement must also establish its rules of establishment and operation.

 

 

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