Works Council

In accordance with the Statute of workers (ET), of 24 March 1995, the representative bodies of workers are authorized to access some documentation of the company within the framework of its functions of supervision of labour relations as well as security and hygiene conditions. Also the organic law 15/1999, of 13 December, of protection of data of Personal character (LOPD) defines the transfer of data as the entire revelation of data made to a person other than the person concerned. Therefore we necessarily have a communication of data by the employer to the Works Council or staff delegates (in function if it were a company of 50 or more workers). In this context, the transfer of data of the workers, only could be understood lawful if it occurs in the scope of the functions which the law attributes to the personnel delegates or the Works Council as representative bodies of all workers. This information could (access only persons authorised in order to comply with surveillance and control functions referred to in article 64(1) of the ET that specifically says that the Works Council shall have the following powers: receiving the basic copy of the contracts referred to in paragraph to) of paragraph 3 of article 8 and the extensions and notification of complaints relating thereto(in the ten days following that would place., and paragraph 9 attributed to that body to exercise a work: to) surveillance in compliance with current regulations on labour, employment and Social security matters, as well as the rest of the Covenants, conditions and uses of enterprise in force, by formulating, where appropriate, legal action against the employer and organisms or competent courts; (b) for surveillance and control of conditions of safety and hygiene in the development of the work in the company, with the characteristics laid down in this order by article 19 of this law. .