In any workplace, information is power. But beyond a clich\u00e9, transparency between a company and its workers’ representatives is not only a best practice\u2014it\u2019s a legal obligation in Spain. Works councils have the right to receive regular, clear, and meaningful information about the company\u2019s 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\u2014especially 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.<\/p>\n\n\n\n
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\u2019 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?<\/p>\n\n\n\n
According to Article 64 of the Workers\u2019 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.<\/p>\n\n\n\n
Let\u2019s explore each of these in detail.<\/p>\n\n\n\n
Companies must share systematic and ongoing information that enables the works council to monitor and assess the situation properly:\n– Economic and financial status\n\t\u2022 Balance sheets, profit and loss accounts, annual reports.\n\t\u2022 Evolution of business activities.\n\t\u2022 Budgets and investment plans.\n\t\u2022 Any relevant information on the company\u2019s financial health.\nThis information must be provided at least once a year, or whenever significant changes occur.\n– Employment trends\n\t\u2022 Number of employees on the payroll.\n\t\u2022 Hires and terminations.\n\t\u2022 Types of contracts (permanent, temporary, part-time, etc.).\n\t\u2022 Forecasts for hiring or layoffs.\n– Workplace health and safety data\n\t\u2022 Number of work accidents and occupational diseases.\n\t\u2022 Statistics by department or job type.\n\t\u2022 Preventive measures taken.\n– Equality and non-discrimination policies\n\t\u2022 Equality plans (mandatory for companies with 50+ employees).\n\t\u2022 Actions taken to promote equal opportunities.\n\t\u2022 Average pay by gender and job category.<\/p>\n\n\n\n
In certain situations where decisions may directly affect working conditions, companies must consult with the works council beforehand. It\u2019s not enough to simply notify; management must listen to and consider the council\u2019s opinion, even if the final decision is not subject to their approval.\nAdvance consultation is mandatory in the following cases:\n– Workforce restructuring\n\t\u2022 Collective dismissals (ERE in Spain).\n\t\u2022 Temporary suspensions of employment or reductions in working hours (ERTE).\n– Transfers and geographical mobility\n\t\u2022 Changes in the workplace location.\n\t\u2022 Collective changes in schedules or shifts.\n– Major technological or organizational decisions\n\t\u2022 Introduction of new technologies.\n\t\u2022 Outsourcing or subcontracting of tasks.\n– Mergers, acquisitions, or changes in ownership\n\t\u2022 This information must be provided early to ensure workers\u2019 rights are protected.\n– Changes to employee monitoring or control systems<\/p>\n\n\n\n
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:\n– Pay and salary register\n\t\u2022 Average salaries broken down by gender and job category (pay registers).\n\t\u2022 Salary tables, bonuses, and extra payments.\n\t\u2022 Information on incentive policies and variable compensation.\n This salary register is mandatory for all companies and must be made available to the works council.\n– Hiring and contracts\n\t\u2022 Basic copies of employment contracts (excluding sensitive personal data).\n\t\u2022 Percentage of temporary contracts.\n\t\u2022 Information about subcontracted personnel.\n– Work schedules and time management\n\t\u2022 Shifts, work hours, and annual calendars.\n\t\u2022 Holiday, leave, and rest period policies.\n– Training and career development plans\n\t\u2022 Upcoming training programs.\n\t\u2022 Effective access for employees to training opportunities.\n\t\u2022 Internal promotion policies and initiatives.<\/p>\n\n\n\n
Companies must also inform the works council about outsourced services and contractors:\n\u2022 Which companies have been subcontracted.\n\u2022 What type of services or work they perform.\n\u2022 Duration and location of the outsourced work.\nThis information is crucial to ensure labor rights are upheld and to detect any potentially unlawful outsourcing practices.<\/p>\n\n\n\n
Failure to meet these information obligations can lead to serious legal consequences:\n\u2022 Fines for serious violations under the Spanish Law on Social Order Infractions and Penalties.\n\u2022 Legal challenges to company decisions due to lack of proper consultation.\n\u2022 Labor conflicts and potential litigation due to lack of transparency.\nRefusing to share information can also harm trust and workplace morale.<\/p>\n\n\n\n
The information provided to the works council must be:\n\u2022 Clear, objective, and complete.\n\u2022 Shared in a timely manner, especially for decisions requiring prior consultation.\n\u2022 Provided in written form whenever possible.\n\u2022 Accessible to all members of the council.\nMany companies use shared digital platforms or internal communication channels to provide this documentation. It\u2019s also recommended to schedule regular meetings with a clear agenda.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
The relationship between company and works council should not be a battleground\u2014it should be a space for collaboration and shared responsibility. Information is the foundation for building strong, transparent, and productive social dialogue.\n\nTransparency between companies and works councils is not just a legal requirement\u2014it 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.\n\nLikewise, 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.\n\nCompanies that fulfill these obligations don\u2019t just avoid legal penalties\u2014they also help create a healthier work environment, reduce conflict, and foster trust and engagement among employees.\nSo, whether you’re a company representative or a member of a works council: transparency isn\u2019t optional\u2014it\u2019s a right.<\/p>\n\n\n\n
Author: Mariona Heredia<\/strong>, Lawyer.<\/p>\n\n\n\n If you need more informarion, contact us!<\/p>\n\n\n\n <\/p> <\/ul><\/div>\n