The position of worker representative disappears when the workplace centre closes and they are transferred to other centres, according to the Constitutional Court of Spain in a judgment of 11th April 2016.

The Constitutional Court of Spain bases its decision on the fact that there is not a legal provision or precedent which guarantees keeping the position of worker of legal representative in these cases. Therefore it establishes that the elimination of this position cannot be considered in these cases as contrary to the rights conferred by legal or conventional rules – or by unilateral concessions of the employer, which does not state for the Court.

The Court says that “not all reductions of the action possibilities or capacity to act of a trade union -either the cases that affect the framework of unitary representation- can be automatically considered as an attack on freedom of association, which expressly attributes it to the alleged right”.

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