Resolutions, opinions and reports search tool

The regulations of data protection would not block the access of the works committee in the basic copy of the contract or to the communication to the Public Service of Employment through the application contrat@ (points first and second), whenever is made in the terms exposed in the foundations IV and V of this judgement. The access to the relation of monthly extra times carried out by workers (point fifth), should be facilitated substituting the name and surnames of the workers for a numeric code that did not allow the identification of these persons. The access to the document monthly TC-2 or nominal Relation of workers, (point third), it should have the express consent of the workers. This, without harm that a relation with the name and surnames of the workers for whom the company has paid can be facilitated. The access to the monthly relation of workers who are in situation of IT for one industrial accident (point fourth), cannot be facilitated without having the express consent of the affected ones. The access to the writings of sanction or admonition to the workers (point sixth), cannot be facilitated without having the express consent of the ones affected, unless treats itself of sanctions for the commission of faults very severe. However, without harm that in this supposition as well as in the former one, the information can send to itself in an anonymized way.

From the prospect of the protection of data is considered that the solution that better allows to satisfy the law of access of the works committee, without reducing the right to the protection of data of the persons affected, it would consist in facilitating him the listings with the necessary information to carry out the function that it has fixed assigned to each worker ordered with a numeric code in substitution of the name and the surnames, which is not easily deductible.

In a case as the one brought up to the consultation, the regulations of data protection should lead to facilitating information in the organs of representation of the workers about the listing of the persons included to the employment exchanges of the interim educational staff and of the teaching staff of way religion dissociated. This without harm that the organs of representation of the workers can agree in the listing of the persons of the stock exchange on effectively their having been selected for occupying a vacant square or that, in determinate suppositions, it is for the functions that they have attributed, or for the special circumstances of the case, they can have access there.

It is necessary to give advertising of the RLT of the work workers of the entity and to put it at the disposal of the Works Committee, with the minimum contents that the applicable regulations order. The communication of the RLT to the Works Committee, even if it allows to identify in an indirect way the persons who occupy a job, does not harm the regulations of protection of particulars, the publication of the RLT is then in rules with legal rank (EBEP and DL 1/1997) foreseen, for which the consent of the affected ones is not necessary. The information about remunerations that can figure in the RLT includes the basis salary, as well as the complementary remunerations linked to the job, and does however not include the remunerations linked to a concrete worker who occupies the job.

The communication of particulars of the included candidates to the employment exchange of a company to the Works Committee, has to be carried out according to article 11 LOPD. The previous consent of the headline of the data or, as an exception, with a habilitation legal specific has to be counted on. To lack of other forecasts contained in rules of legal rank, the Statute of the Workers does not foresee that the information that has to receive the Works Committee for the fulfillment of its functions has to include the data set personal of the candidates, so that it is necessary to have the consent of the candidate to be able to communicate its data.

The communication of data to the Works Committee has to be carried out in agreement the regime established in the article 11 of the LOPD; with general character the Statute of the Workers does not recognize expressly the representatives of the workers the right to access the whole of all the information about economic and work conditions associated with each concrete worker. The Committee of Direction can only have the right of access to the data in so far as this is necessary for the achievement of the functions that they have assigned, respecting in principle of quality (article 4 LOPD). With general character, the law of information in favor of the stockholders, it does not include a general communication of the data of all workers, and it can only be considered that there can be habilitation for the access of the stockholders in concrete suppositions and with respect to the data of determinate workers.

The communication of particulars included in the mercantile contract formalized with an autonomous worker to the Works Committee has to be carried out according to the regime of article 11 LOPD. Neither the Statute of the Workers nor the Statute of the autonomous work contain general forecasts that fit out the communication of particulars included in the mercantile contract with the exception of the supposition related to the economically dependent autonomous workers. Out of this exception, with general character, it is necessary to have the consent of the person concerned in order to communicate its data.

According to the collective agreement, the committee d’empresa takes part in different phases of the processes of squares provision. Once the general regime of the communication of data has been attended to, l’accés to concrete data should be agreed by the persons concerned or fitted out legally. The committee d’empresa can only access those data that are necessary and adapted to exercise the function of ponderation of the merits of the candidates, in attention at the beginning of quality. The access, therefore, only justifies itself for the fulfillment of the legitimate purpose.

The committee d’empresa and the representatives of staff have recognized determinate rights d’accés to information of the workers, extensive to the union representatives by virtue of the Law of union freedom. The regulations foresee the cession of the data that figure in the basic copies of the contracts and, in general, the data of the workers will only be able to be destined to the fulfillment of the functions for which the regulations n’ha authorized the cession. The fate of the data to any other purpose will have to have corresponding l’habilitació or the consent of l’afectat.

The committee d’empresa and the representatives of staff have recognized determinate rights d’accés to information of the working, right ones that s’entenen extensive to the union representatives by virtue of the Law of union freedom. The regulations contain a legal forecast with respect to the cession of the data that figure in the basic copies of the contracts and, in general, the data of the workers will only be able to be destined to the fulfillment of the functions for which the regulations n’ha authorized the cession. The fate of the data to any other purpose will have to have corresponding l’habilitació or the consent of l’afectat.