Order Ess/1681/2015, Of 28 July, Which Establishes The Composition Of The State Board Of Social Responsibility Of Enterprises, In Relation To Representatives Of The Trade Unions.

Original Language Title: Orden ESS/1681/2015, de 28 de julio, por la que se establece la composición del Consejo Estatal de Responsabilidad Social de las Empresas, en relación a los representantes de las organizaciones sindicales.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8919

He Real Decree 221 / 2008, of 15 of February, by which is creates and regulates the Council state of responsibility Social of them companies, establishes, in its article 5, modified by the Real Decree 1469 / 2008, of 5 of September, the composition and form of appointment of them vocal of said organ collegiate.

By the order TIN/4/2009 of 13 January, as amended by the order TIN/762/2009 of March 16, were appointed the first members of the State Council of the Social responsibility of the companies, and by the order of TIN/1484/2010, of June 2, moved the cessation and appointment of some of the members as a result of the need for renewal of those representing the autonomous communities and the need to formalize others appointments that were pending.

The maximum duration of the mandate of the members, under cover of the provisions of article 5.4 of the Royal Decree 221/2008, of 15 February, which creates and regulates the State Board of Social responsibility of enterprises, is four years, except for those who represent to the autonomous communities, in which case is one year.

By the order ESS / 2360 / 2013, of 3 of December, and having elapsed the term maximum established of duration of the mandate, is ordered the cessation of the previous vocal and the appointment of them new. This order was declared invalid by the judgment of the hearing national resource number 53/2013, on July 16, 2014, with regard to the designation of the representatives of the trade union organizations, and must appoint such representatives by a criterion other than the greater representativity.

As consequence of such sentence, is dictates the present order ministerial that, to the amparo of them rights constitutional of equality and freedom Union, as well as of the principles of objectivity and proportionality, sets the system of designation of them organizations Union, as well as of their respective representatives.

Taking in has that only is has of fourteen vocal, with their corresponding alternate, to distribute among them organizations Union, has been necessary establish a percentage minimum derived of them results of them elections Union that allow hand distribute them vocal available between a number right of organizations Union, and by another distribute them vocal of way balanced between them organizations Union that have desired form part of the Council.

All the trade union organizations that meet the General requirements shall be entitled to be part of the State Council of CSR, and may designate a member and an alternate. The distribution of the remaining vowels and their corresponding alternates between the trade union organizations shall be made by the D'hondt system, used in the Spanish electoral processes, and which allows to obtain, in this case, the number of members allocated to the trade union organizations, in proportion to the gotten votes in Union elections to be taken as a reference.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Requirements of trade unions to form part of the State Council of the Social responsibility of the companies.

(1. may form part of the Council state of responsibility Social of them companies all them organizations Union that meet the following requirements: to) have of, at least, a 3% of representatives Union in them results of them elections Union of reference.

b) express their wish to form part of the State Council of CSR.

2. for these purposes, after the maximum period of duration of the appointments of the members, the competent Directorate-General in the field of social responsibility of the Ministry of employment and Social Security will dictate a resolution by which opens a deadline to submit the applications for participation.

(3. for the requirement planned in the letter to) of the paragraph one previous is will take as reference them results of them elections Union hearing in the Office public of elections Union of the Ministry of employment and security Social, corresponding to the last day of the term given for the presentation of the application.

Article 2. Distribution of the members of the Council state of the Social corporate responsibility for, in relation to trade union organizations.

1 they will get a vowel and a Deputy in the State Council of the Social responsibility of enterprises all those union organizations that meet the requirements set forth in the preceding article.

(2. the rest of vocal and their corresponding alternate that, in your case, restasen by distribute is assigned of the following way: to) is ordered of greater to lower them figures total of representatives Union obtained by them organizations Union that comply with it established in the article earlier.

(b) is divided them figures total of representatives Union obtained by each organization Union by 1, 2, 3, etc, up to a number equal to the of vocal that remaining by distributing. Them vocal remaining is attributed to the organizations that obtain them ratios higher, according to an order decreasing.

(c) when in the ratio of ratios match two equal, corresponding to different organizations, the vocal will be to that greatest of Union representatives had obtained in Union elections reference. If had two organizations with equal figure of representatives Union, the first tie is resolved by draw and the successive of form alternative.

3. in the event that met the requirements of the previous article more unions than available vowels, a rotational order among them, on an annual basis, and in a decreasing way according to the results of trade union elections shall be established.

Available end first. Skill-related title.

This order is issued under cover of the provisions of article 149.1.7. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of labour legislation, without prejudice to its execution by the bodies of the autonomous communities.

Available to finish second. Entry into force.

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

Madrid, 28 of July of 2015.-the Minister of employment and safety Social, Fátima Báñez Garcia.