El Representante Legal De Los Trabajadores

The employee can go to his representatives to show his situation, so that the representatives file a complaint for him, information on his rights, on the content of the collective agreement, on how to assert a right. These representatives are governed by Articles 62 and 63 of the Workers` Statute. Both are democratically elected and represent every employee of the company, whether affiliated or not. The procedure for the election of workers` representatives is laid down in Articles 67 et seq. of the Workers` Statute; the most representative trade union organisations may promote the election of works councils and members of works councils; Trade unions with 10% or more representatives in the enterprise; or employees in the workplace by majority agreement. In these elections, all employees over the age of 16 and with at least one month of service (+ info) in the company can vote. And employees over the age of 18 with a seniority of at least 6 months can be elected, unless the collective agreement provides for a lower seniority. It does not matter whether the workers are Spanish or foreign or whether they are affiliated or not to a trade union. And the workers are elected for 4 years. In practice, there are many companies, especially small ones, in which there are no legal representatives of employees. In these cases, when a specific negotiation is underway, as is the case with ERTE caused by Covid, the legislation provides that the employees of this particular directorate elect their representatives from among them. In practice, it is common for workers` legal representatives, employee delegates or works councils to belong to a trade union.

Depending on the total number of employees of the company, a certain number of members are assigned to the works council: therefore, we can stipulate that employees elect the staff delegates in free, personal, secret and direct election in the following amount: up to 30 workers: 1 staff delegate; and from 31 to 49 employees: 3 staff representatives. Royal Decree 1844/1994 of 9 September approving the rules of elections to bodies representing the employees of the enterprise. The responsibilities of employee representatives are listed as follows: therefore, we believe that the one who has to sign the employment or service contract that binds the legal representative should be the president of a higher administrative body of the company, a higher body, which is usually the one that elects the legal representative, so that the one who has to sign, the president of the general meeting or the == External links == In accordance with the statutes of the respective company. Comply with the rules on professional secrecy laid down in Article 65 of the Workers` Statute. This is reflected in the workers` statute. The electoral system differs between committee members and staff representatives. It is very useful to have workers` representatives. They are the interlocutor between the company and the employee and have much more information about the company than the individual employee. Each staff committee is composed of a certain number of representatives, depending on the number of officials of the corresponding electoral unit: finally, we must refer to the so-called prevention delegates, who have the status of workers` representatives with specific functions in the field of risk prevention at work (Article 35.1 of Law 31/1995, of 8 November, on the prevention of occupational risks) and the health and safety committee, a joint and collegial participation body aimed at regular and regular consultation of the company`s measures in the field of risk prevention (Article 38.1 of Law 31/1995 of 8 November on the prevention of occupational risks). There are two classes of employee representatives: works councils and works councils; which have the same functions and guarantees. At the same time, we can set other numbers of staff representations, such as delegates for the prevention of occupational risks or trade union representatives. The existence of legal representation of workers makes it more necessary, if possible, for a comprehensive board, which comprehensively includes the formation of collective industrial relations resulting from, inter alia, the processes of trade union elections, the negotiation of agreements, pacts or company agreements.

In order to ensure that the members of the works council and works councils can freely exercise their representative functions without fear of reprisals from the undertaking, Article 68 of the Workers` Statute (unless expressly provided for in the applicable collective agreements), in the form of guarantees, provides that if the employee representative is punished for serious or very serious misconduct, he may resort to an act to the contrary before an actual dismissal, to defend himself; In addition, it stipulates that in case of suspension or termination of contracts for technological or economic reasons, the employee representative takes precedence over sustainability in the company over other employees. Finally, the right of workers` legal representatives to express their opinions freely without being dismissed or punished for the duration of their duties as representatives or within one year of the expiry of their term of office should be emphasized. In small businesses, contracts are usually drawn up by the company owner, shareholders or legal representative. A president and a secretary are appointed, and also from among the members who make up this committee, the prevention delegates are elected, in number based on the number of employees of the company. It is the representative and collegial body of all employees in the company or in the workplace to defend their interests. At the company level, employee representation is articulated through a double channel: the legal representative can be an employee of the company, that is to say that he can be connected by an employment contract. The members of the works council and the works councils, as the legal representatives of the employees, have the following responsibilities, unless this is provided for in the collective agreements and in the special provisions provided for in other articles of the Workers` Statute of 2015 themselves or in other legal or regulatory standards: thin staff. It is the employee representative who is elected in the companies.

The members of the works council and the works councils, as the legal representatives of the employees, have the following guarantees, unless otherwise provided for in the collective agreements: the works council is a non-unionised body composed of workers of the same undertaking and whose task is to represent all employees in different fields of action and to defend their interests in the event of a conflict. One of the instruments that help to guarantee workers` rights and to be integrated by workers who are freely elected by their employees, the so-called representatives of the company or the trade union representatives in the company. Who are the legal representatives of employees? The legal representative is the one who must sign all the contracts of the company, but of course the legal representative does not have to sign his own contract on behalf of the company; It would be a contract in which he would represent both parties: the company and himself, although it is quite common for this to happen. If some centres have 50 workers and others in the same province do not, their own works councils are formed in the first and with the whole second, another is formed. Hello. What would contract management look like if the legal representative is the same owner, but is in turn an employee within the company? In general, the legal representative is elected by the general meeting or the general meeting (Article 187 Article 4 of the Commercial Code), and finally, this power can be delegated to the Board of Directors. In order to be able to perform all these functions, workers` representatives have at their disposal a number of protective measures provided for by law. Workers may not be satisfied with their representatives and may want to dismiss them. You can do this in a special meeting for this dismissal, convened by 1/3 of the workers and by resolution of the absolute majority of the assembled workers. In companies with a thousand employees, trade union elections are held and one of the trade union federations sends 4 members of the committee, these 4 members have 40 union hours per month. It is any subject, organization or company that takes care of the defense and management of employees` rights within the company or outside the company. The right of employees to co-determination in the undertaking shall be expressed by the staff delegates and works councils without prejudice to other forms of co-determination.

On the contrary, shop stewards are employees who are members of a union and serve to represent and advise the employees of the company affiliated to that union, although they can serve as self-employed if they wish.