Royal Decree 221/2008 of 15 February 2008 establishing and regulating the State Council for Social Responsibility of Enterprises, as amended by Royal Decree 1469/2008 of 5 September 2008, provides for the composition and form of appointment of the vowels of that collegiate body.

By Order TIN/4/2009 of 13 January, as amended by Order TIN/762/2009 of 16 March, the first members of the State Council for Social Responsibility for Enterprises were appointed, and by Order TIN/1484/2010 of 2 In June, the committee decided to cease and appoint some of the vowels as a result of the need for renewal of those representing the Autonomous Communities and the need to formalize other appointments that were pending.

The maximum duration of the term of office of the vowels, in accordance with the provisions of Article 5.4 of Royal Decree 221/2008 of 15 February 2008 establishing and regulating the State Council for Social Responsibility of Companies, is a four years, with the exception of those representing the Autonomous Communities, in which case it is one year.

By Order ESS/2360/2013 of 3 December 2013, and after the deadline set for the term of the term of office expired, the previous members of the Board of directors and the appointment of the new members were ordered to cease. This Order was declared void by the judgment of the National Court in the action number 53/2013, delivered on 16 July 2014, in respect of the appointment of the representatives of the trade union organisations, and they must appoint those representatives. representatives by a criterion other than that of the greatest representativeness.

As a consequence of this judgment, this ministerial order is issued which, under the constitutional rights of equality and freedom of association, as well as the principles of objectivity and proportionality, establishes the the system of designation of trade union organisations, as well as their respective representatives.

Taking into account that only fourteen vowels are available, with their corresponding substitutes, to be distributed among the trade union organisations, it has been necessary to establish a minimum percentage derived from the results of the trade union elections which will allow on the one hand to distribute the available vowels among an appropriate number of trade union organisations, and on the other hand to distribute the vowels in a balanced manner among the trade union organisations that they have wished to form part of the board.

All union organizations that meet the general requirements will have the right to be part of the State Council of RSE, being able to appoint a voice and an alternate. The distribution of the remaining vowels and their corresponding alternates between the trade union organizations will be carried out through the D' hondt System, used in the Spanish electoral processes, and which allows obtaining, in this case, the number of vowels assigned to trade union organizations, in proportion to the votes in the union elections to be taken as a reference.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Requirements of the Trade Union Organizations to be part of the State Council of Corporate Social Responsibility.

1. All trade union organisations that meet the following requirements may be a member of the State Council for Social Responsibility:

a) Dispose of at least 3% union representatives in the results of the reference union elections.

b) Manifest his willingness to be part of the State Board of RSE.

2. For these purposes, after the expiry of the maximum period for the appointment of members, the Directorate-General responsible for the social responsibility of the Ministry of Employment and Social Security shall give a decision on the open a deadline to submit requests for participation.

3. For the requirement referred to in point (a) of paragraph 1, the results of the trade union elections at the Office of the Trade Union Elections of the Ministry of Employment and Social Security shall be taken as a reference. corresponding to the last day of the deadline given for the submission of the application.

Article 2. Distribution of the Vocals of the State Council of Social Responsibility of Companies, in relation to Trade Union Organizations.

1. They shall obtain a voice and an alternate in the State Council of Social Responsibility of the Companies all trade union organizations that meet the requirements set out in the previous article.

2. The other vowels and their corresponding alternates which, if necessary, subtract for distribution shall be allocated as follows:

(a) The total numbers of union representatives obtained by the trade union organizations that comply with the provisions of the previous article shall be further ordered.

b) The total figures of union representatives obtained by each trade union organization for 1, 2, 3, and so forth, up to a number equal to the number of members that are subtracted for distribution, will be divided. The remaining vowels shall be attributed to the organisations which obtain the highest ratios, taking into account a decreasing order.

(c) When in the relationship of ratios of two equals, corresponding to different organizations, the vowel shall be attributed to the one that the largest of the trade union representatives would have obtained in the union elections of reference. If there are two organizations with equal numbers of trade union representatives, the first tie will be settled by draw and the successive ones alternatively.

3. Where the requirements of the previous Article have been met more trade union organisations than vowels available, a rotating order shall be established between all of them, on an annual basis, and on a degressive basis according to the results of the union elections.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.7. of the Spanish Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 28, 2015. -Minister of Employment and Social Security, Fatima Banez García.