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What it is

How workers take part in European companies based in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 11 November 2005. Introduced by: Gobierno.

Official title: Government bill on the involvement of workers in public limited companies and European cooperatives.

Follow this law

Source: Congreso de los Diputados, file 121/000059· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law requires every European public limited company (SE) to set rules on worker involvement, understood as information, consultation, participation and any other mechanism that lets worker representatives influence company decisions.
  2. When a European company is created with its registered office in Spain, the bodies of the participating companies must start negotiations within 45 days with a negotiating body made up of worker representatives, with one seat for every 10 percent or fraction of workers in each member state.
  3. Negotiations last six months and can be extended up to one year. If there is an agreement, it binds all workplaces and must be put in writing and filed with the labor authority. If there is none, fallback rules apply that create a worker representation body with information and consultation rights.
  4. If the company was set up to strip workers of their involvement rights, and a court says so, a new negotiation must take place.
  5. For workplaces in Spain of European companies based in another member state, representatives are chosen through unions, works councils and staff delegates, and they get 60 paid hours per year for their duties.
  6. The same rules apply to European cooperative societies, with their own particularities, and serious and very serious offenses are established for conduct that blocks negotiation or the exercise of information, consultation and participation rights.

Who it affects

  • European public limited companies with their registered office in Spain and their workers: They must negotiate and establish worker information, consultation and participation rights.
  • Companies taking part in creating a European company: They must start negotiations, inform worker representatives and pay the costs of the negotiating body.
  • Workplaces in Spain of European companies based in another member state: Their representatives are chosen under Spanish law and have protection and paid leave.
  • European cooperative societies: The same law applies to them with some specific rules.
  • The negotiating body and worker representation bodies: They can negotiate, receive protected confidential information and go to the labor courts.

Words worth knowing

Sociedad anónima europea (SE)
A type of company created under a European Union rule that can operate in several countries under a single statute.
Comisión negociadora
Group of worker representatives that negotiates with the company how information, consultation and participation will work.
Disposiciones subsidiarias
Rules that apply automatically when the parties fail to reach an agreement.
Órgano de representación
Body made up of worker representatives that receives information, is consulted and, where applicable, takes part in company decision-making bodies.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced11 November 2005Someone registers the text in the Congreso.
  2. Admitted22 November 2005The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments25 November 2005Groups propose changes.
  4. Committee8 February 2006A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate6 June 2006The Senate can pass it, amend it or veto it.
  7. BOE28 September 2006It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Dec 2005Mar 2006Jun 200611. 11 November 2005: Presentación22. 22 November 2005: Comisión de Trabajo y Asuntos Sociales Publicación desde 22/11/2005 hasta 25/11/200533. 22 November 2005: Calificación44. 25 November 2005: Comisión de Trabajo y Asuntos Sociales Enmiendas desde 25/11/2005 hasta 08/02/200655. 8 February 2006: Comisión de Trabajo y Asuntos Sociales Informe desde 08/02/2006 hasta 23/05/200666. 23 May 2006: Comisión de Trabajo y Asuntos Sociales Aprobación con competencia legislativa plena desde 23/05/2006 hasta 06/06/200677. 6 June 2006: Senado desde 06/06/2006 hasta 19/09/200688. 19 September 2006: Pleno Enmiendas o veto del Senado desde 19/09/2006 hasta 28/09/200699. 28 September 2006: Concluido - (Aprobado con modificaciones) desde 28/09/2006 hasta 21/11/2006

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 31/2006, of October 18, on the involvement of workers in public limited companies and European cooperatives

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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