Representación legal de los trabajadores en la empresa y disfunciones derivadas de un modelo pluralista en este ámbito

Abstract

The legislator early assumed the need to articulate mechanisms for legal representation of workers. Workplace representation in Spain has a clear legal framework, provided in the main by the 1980 workers statute and the 1985 law on trade union freedom Spanish trade unions (articles 8 and 10) also have separate legally recognized structures within the workplace with a range of legal rights. These trade union sections bring together all the mem-bers of a particular union in the workplace and some of them can assume the legal representation in the Company. For that, trade unions sections must obtain the majority of the delegates of personnel or members of company com-mittees, generating, with this decision, a clear locking between unitary and trade union bodies. This article analy-ses the double face presented by trade union representation in the company: On the one hand, the representation of «particular scope» in protecting the specific interests of the affiliates without exceeding the associative logic. Of an-other, referring to its activity to the whole of the collective of workers, which situates the representation exerted in the plane of the «institutional representation of interests», extending its effects to the whole of the workforce.