Employment Law: Termination, Representation, and Collective Bargaining
Employment Law
Topic 11: Termination of Employment
Types of Termination
- Forced: Due to external causes.
- Voluntary: By choice of the worker or employer.
Termination by Mutual Agreement
Both parties agree to end the contract.
Termination by Employee Decision
- Resignation: Employee voluntarily leaves the job.
- Termination for Cause: Due to significant changes in working conditions, non-payment or delayed payment, or serious breach of contract by the employer.
Termination by Employer Decision
- Disciplinary Dismissal: For misconduct or other reasons related to the employee’s performance.
- Dismissal for Objective Reasons: Such as economic reasons or redundancy.
- Collective Dismissal: Affecting multiple employees.
- Force Majeure: Due to unforeseen circumstances beyond the employer’s control.
Legal Proceedings for Dismissal
- Filing a Claim: Employees have 20 days to file a claim after dismissal.
- Conciliation: Mandatory pre-trial process.
- Judgment: Court decision on the dismissal.
Topic 12: Worker Representation
Worker Organizations
Associations that promote the economic and social progress of their members.
Representation within the Company
- Union Representatives: Elected by employees to represent their interests.
- Works Councils: Committees representing employees in larger companies.
Functions of Works Councils
- Receiving information on company operations and economic performance.
- Communicating with employees.
- Monitoring compliance with labor laws.
Rights of Works Council Members
- Protection against unfair dismissal or suspension.
- Paid time off for union duties.
Trade Union Sections
Groups of union members within a company.
Collective Bargaining
Process of negotiation between employers and employee representatives to establish terms and conditions of employment.
Legitimation to Negotiate
Determined by company size and union representation.
Topic 13: Collective Conflicts
Types of Conflicts
- Legal Conflicts: Disputes over the interpretation or application of existing laws or agreements.
- Conflicts of Interest: Disputes over the establishment of new terms and conditions of employment.
Dispute Resolution Methods
- Conciliation: A neutral third party helps the parties reach an agreement.
- Mediation: A neutral third party proposes a solution.
- Arbitration: A neutral third party imposes a binding solution.
Strikes
Collective cessation of work by employees to pressure employers to meet their demands.
Calling a Strike
Can be initiated by worker representatives or trade unions.
Illegal Strikes
- Strikes for political reasons.
- Strikes in solidarity with other sectors.
- Strikes aimed at disrupting essential services.
Lockouts
Closure of a company by the employer to prevent workers from entering the workplace.
Legal Lockouts
- Imminent danger of violence.
- Illegal occupation of the workplace.
- Serious disruption of production.