Who represents you at work, works councils and staff delegates

Key rules

• Delegates: Workplaces with 6 to 49 workers elect delegados de personal.
• Works council: From 50 workers, the workplace elects a comité de empresa.
• Count: The threshold applies per workplace, not per company.
• Protection: Representatives are protected from dismissal or sanction for their activity.

Who represents you at work

Your workplace may have elected representatives who speak to the employer on behalf of all workers. In a small workplace they are delegados de personal. In a larger one they form a comité de empresa (works council). Both are chosen by the workers, and you can take a problem to them.

How many workers trigger each body

The count is per workplace, not per company. A company with several sites counts each site separately.

• 6 to 10 workers: one delegado de personal, if the workers vote for it by majority.
• 11 to 30 workers: one delegado, or three if the workers decide.
• 31 to 49 workers: three delegados.
• 50 workers or more: a comité de empresa. It has 5 members for 50 to 100 workers and grows with the workforce, up to 75 members.

Workers on indefinite contracts count in full. Fixed-term workers on contracts of up to one year count by days worked in the previous year: every 200 days counts as one worker. Check the headcount at your workplace with the people organising the vote.

How representatives are chosen

Elections are held every four years, and all workers in the workplace vote. Candidates are usually put forward by unions, but groups of workers can also stand. The workers or unions must give at least 3 months' notice that they are calling elections.

What representatives can do

• Get information. They are entitled to information on the company's economic situation, employment, contracts, wage records, dismissals and disciplinary penalties.
• Check compliance. They monitor labour, Social Security and health and safety rules. They can report breaches to the labour inspectorate or the courts.
• Be consulted. The employer must consult them on restructurings, collective dismissals and changes in working conditions.
• Be protected. Representatives cannot be dismissed or sanctioned for their activity. The employer must consult them before dismissing one. They get paid hours to do the job.

When to use them

Go to a representative when a problem affects you and possibly others: unclear contracts, pay records, health and safety, or a planned change to your conditions. You can ask them to request information from the employer, to accompany you, or to raise the issue with the company. If your workplace has fewer than 6 workers, there is no such body.

Works council or union?

They are not the same. A sindicato (union) is a voluntary association. You join it and pay dues. It negotiates collective agreements, calls strikes and advises its members. The works council and delegados are open to every worker, whether or not they belong to a union. Unions get their weight from the results of the workplace elections. They can also have their own union sections and union delegates inside a company.

The timeline and the questions below cover the steps for holding elections and common doubts.

Timeline and deadlines

• Count your workplace's workers, with fixed-term contracts of up to one year counted by days worked: before calling elections; each 200 days worked in the previous year counts as one worker

• Workers or unions give notice that they are calling elections: at least 3 months before the election

• Elect representatives: delegates for 6 to 49 workers, a works council from 50 workers: on the election date, repeated every 4 years

Frequently asked questions

Can I bring a problem to the works council or staff delegate?

Yes, you can bring a problem to your representatives if your workplace has elected ones.

Do part-time or short-contract workers count towards the size threshold?

Yes, workers on fixed-term contracts of up to one year count by days worked in the previous year, where each 200 days counts as one worker. Workers on indefinite contracts count in full. The threshold is per workplace, not per company.

Is a works council the same thing as a union?

No, a union (sindicato) is a voluntary group you join and pay dues to, while a works council is elected by all workers in a workplace every four years. Candidates are usually put forward by unions, though groups of workers can also stand.

Is my representative protected from being dismissed?

Yes, representatives have guarantees against dismissal or sanction for their activity. The representative must be consulted before any dismissal, and they get paid hours for their duties.