Key employer obligations regarding information and consultation with employee legal representation
Labor relations in Spain are increasingly regulated, and one of the most underestimated risk areas for companies involves their legal obligations to inform and consult with employee legal representatives (Representación Legal de los Trabajadores or RLT).
What information and consultation obligations must companies comply with?
Spanish labor legislation—particularly the Workers’ Statute, the Organic Law on Trade Union Freedom, and the Occupational Risk Prevention Law—imposes a series of mandatory information and consultation duties on companies in relation to the RLT.
The company’s obligation to inform and/or consult the RLT depends on the subject matter, the impact on employment, and the required frequency of disclosure. Below is a summary in outline format:
Information the company must provide to the RLT
Annually:
Gender equality in the workplace, e.g., salary records.
During the last quarter of the year, forecast of the use of fixed-term contracts due to production circumstances to cover occasional, foreseeable, and short-term needs.
- Annual call schedule for permanent seasonal contracts and actual activation data once those contracts begin.
Quarterly:
General evolution of the company’s economic sector.
Economic and employment situation of the company, recent and expected business activity, production, and sales, especially as it affects employment.
Forecast of expected employment trends, including the number and types of new hires.
- Statistics on absenteeism, its causes, work accidents, occupational illnesses, and surveys on working conditions or employee satisfaction.
As they arise:
The type of employment contracts used.
Job vacancies for permanent roles.
Financial and corporate information, such as balance sheet, income statement, and company report.
Dismissals and sanctions for very serious offenses.
Parameters, rules, and instructions on algorithms and AI systems affecting employment decisions.
Emergency response plans for catastrophes or adverse weather events.
Individual functional or geographic mobility.
Contracting or subcontracting agreements for services.
Business successions.
- Information related to occupational risk prevention, such as risk assessments, implemented measures, planning, and health surveillance reports.
Within ten days of occurrence:
- Basic copies of employment contracts, extensions, and terminations.
At all times
- Working time records for the past four years must be made available to the RLT.
Topics the works council must be consulted on:
The structure and employment situation of the company and foreseeable changes.
Business decisions leading to significant changes in employment contracts or work organization (e.g., collective transfers or substantial modifications to working conditions).
Preventive measures in situations of employment risk, such as temporary layoff procedures (ERTE) or collective redundancies.
Disciplinary procedures against union or legal representatives
The works council has the right to issue a report (within fifteen days from the request) before the company implements any decision that affects:
Workforce restructurings and full or partial, temporary or permanent, dismissals.
Working time reductions.
Full or partial relocation of facilities.
Mergers, acquisitions, or changes in the company’s legal status that may affect employment levels.
Professional training plans.
Implementation or review of work organization and control systems, including time studies, incentive schemes, and job valuation.
It is important to note that this is a general framework. Each company must also review its applicable collective bargaining agreement, which may include additional requirements or adjustments to information and consultation obligations.
How should information be provided to employee representatives?
Unless otherwise specified for a particular issue, the law requires that the information be provided in an appropriate manner, allowing the RLT to adequately examine it.
What about trade union delegates?
Trade union delegates have the right to receive the same information as the RLT when it is relevant to the performance of their functions.
Consequences of failing to comply with information and consultation duties
Failure to comply with these obligations can lead not only to labor disputes but also to, on the one hand, being sanctioned by the labor authorities. On the other hand, the nullity or reversal of certain business decisions, especially when adopted without the required prior consultation.
Best practices to comply with information and consultation obligations
We recommend that companies establish or review internal procedures—typically within the HR or People department—to ensure compliance. It is also essential to maintain a clear and organized record of the information provided. Moreover, engaging ongoing specialized labor legal advice is strongly recommended. This legal support helps internal teams respond effectively to legal obligations and proactively prevent potential conflicts.
Do you need advice? Access our area related to the main obligations of companies in terms of information and consultation of workers’ legal representation: