Which information must companies provide to Work Councils
In any workplace, information is power. But beyond a cliché, transparency between a company and its workers’ representatives is not only a best practice—it’s a legal obligation in Spain. Works councils have the right to receive regular, clear, and meaningful information about the company’s operations to help protect labor rights and ensure active participation in company life.
In this article, we explain what information companies are legally required to provide to works councils, according to current regulations—especially Article 64 of the Spanish Workers’ Statute. We’ll also outline when and how this information should be delivered and the possible consequences of non-compliance.
What is a work council?
A work council is the representative and collective body of employees within a company. It can be established in companies with 50 or more employees, and its main function is to defend workers’ rights, participate in decisions that affect the workforce, and negotiate with management.
One of its most important powers is the right to information, consultation, and participation. But what does that really mean?
The right of information: a company’s obligation
According to Article 64 of the Workers’ Statute, companies are required to provide information to the works council on a regular basis, clearly and in advance, especially when decisions may impact the workforce. This right is divided into three main areas:
1. Periodic information.
2. Advance information for specific decisions.
3. Information on working conditions and equality.
Let’s explore each of these in detail.
Periodic information: what must be provided regularly?
Companies must share systematic and ongoing information that enables the works council to monitor and assess the situation properly: – Economic and financial status • Balance sheets, profit and loss accounts, annual reports. • Evolution of business activities. • Budgets and investment plans. • Any relevant information on the company’s financial health. This information must be provided at least once a year, or whenever significant changes occur. – Employment trends • Number of employees on the payroll. • Hires and terminations. • Types of contracts (permanent, temporary, part-time, etc.). • Forecasts for hiring or layoffs. – Workplace health and safety data • Number of work accidents and occupational diseases. • Statistics by department or job type. • Preventive measures taken. – Equality and non-discrimination policies • Equality plans (mandatory for companies with 50+ employees). • Actions taken to promote equal opportunities. • Average pay by gender and job category.
Advance Information: What Must be Shared Before a Decision?
In certain situations where decisions may directly affect working conditions, companies must consult with the works council beforehand. It’s not enough to simply notify; management must listen to and consider the council’s opinion, even if the final decision is not subject to their approval. Advance consultation is mandatory in the following cases: – Workforce restructuring • Collective dismissals (ERE in Spain). • Temporary suspensions of employment or reductions in working hours (ERTE). – Transfers and geographical mobility • Changes in the workplace location. • Collective changes in schedules or shifts. – Major technological or organizational decisions • Introduction of new technologies. • Outsourcing or subcontracting of tasks. – Mergers, acquisitions, or changes in ownership • This information must be provided early to ensure workers’ rights are protected. – Changes to employee monitoring or control systems
Information on Employment: Conditions, Salaries and Contracts
The works council also has the right to access essential information about daily working conditions. This data may be requested on an ad hoc basis, but is often provided regularly as well: – Pay and salary register • Average salaries broken down by gender and job category (pay registers). • Salary tables, bonuses, and extra payments. • Information on incentive policies and variable compensation. This salary register is mandatory for all companies and must be made available to the works council. – Hiring and contracts • Basic copies of employment contracts (excluding sensitive personal data). • Percentage of temporary contracts. • Information about subcontracted personnel. – Work schedules and time management • Shifts, work hours, and annual calendars. • Holiday, leave, and rest period policies. – Training and career development plans • Upcoming training programs. • Effective access for employees to training opportunities. • Internal promotion policies and initiatives.
Subcontrating and Third-Party Companies
Companies must also inform the works council about outsourced services and contractors: • Which companies have been subcontracted. • What type of services or work they perform. • Duration and location of the outsourced work. This information is crucial to ensure labor rights are upheld and to detect any potentially unlawful outsourcing practices.
What if the Company Doesn’t comply?
Failure to meet these information obligations can lead to serious legal consequences: • Fines for serious violations under the Spanish Law on Social Order Infractions and Penalties. • Legal challenges to company decisions due to lack of proper consultation. • Labor conflicts and potential litigation due to lack of transparency. Refusing to share information can also harm trust and workplace morale.
How Should this Information be Delivered?
The information provided to the works council must be: • Clear, objective, and complete. • Shared in a timely manner, especially for decisions requiring prior consultation. • Provided in written form whenever possible. • Accessible to all members of the council. Many companies use shared digital platforms or internal communication channels to provide this documentation. It’s also recommended to schedule regular meetings with a clear agenda.
Duty of Confidentiality
This access also entails the legal duty of confidentiality: they are obliged not to disclose any data that is confidential or that could negatively affect the interests of the company or the privacy of the workers. This duty continues even after your duties as representatives have ended, and failure to do so may result in legal liability. Confidentiality is, therefore, a key piece to guarantee mutual trust between the company and the workers’ representatives.
Conclusions
The relationship between company and works council should not be a battleground—it should be a space for collaboration and shared responsibility. Information is the foundation for building strong, transparent, and productive social dialogue. Transparency between companies and works councils is not just a legal requirement—it is a key factor in building healthy, long-lasting workplace relationships. When companies provide information clearly, truthfully, and in a timely manner, they are not only complying with the law but also creating an environment of trust, shared responsibility, and genuine social dialogue. This reduces conflict, enhances productivity, and supports more informed and collaborative decision-making. Likewise, works councils that have access to the right information can more effectively fulfill their role in representing, defending, and advocating for the workforce. This benefits not only employees but also the long-term stability and sustainability of the company itself. Companies that fulfill these obligations don’t just avoid legal penalties—they also help create a healthier work environment, reduce conflict, and foster trust and engagement among employees. So, whether you’re a company representative or a member of a works council: transparency isn’t optional—it’s a right.
Author: Mariona Heredia, Lawyer.
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