Individual and Collective Labor Relations
Differences Between Individual and Collective Labor Relations
As to the Subject
In an individual relationship, an individual worker is considered against the employer.
In a collective relationship, the worker is represented by a group of workers, characterized by a plurality of workers.
In Terms of Content
The individual relationship is contractual, with reciprocal obligations (the worker provides the service and the employer pays remuneration).
The collective relationship is not contractual but based on collective rules. It governs employment relationships generally and collectively because it provides a legal framework through which individual contracts between employer and employee must pass.
As to the Conflict
Resolving individual interests is concrete and identifiable, affecting only the involved parties. The settlement covers only those parties equally.
Resolving collective interests is abstract, and the decision affects all workers within the same occupational category.
As to the Purpose
The individual relationship involves an exchange of services for payment.
The collective relationship, as stated above, is essentially about establishing collective rules.
Concept of Collective Labor Rights
GUILLERMO CAVANELLA: Collective labor rights pertain to groups of employees and employers. Based on solidarity arising from their status as providers or receivers of labor in organizations, these groups develop collective goals. They determine or set common standards for professional categories, acting jointly to defend their rights and interests.
Legal Status
Private Law (John D. Pozzo)
John D. Pozzo believes that collective labor rights fall under private law with special features. He explains that although private law and collective rights regulate different situations, these differences are “apparent.” A strong link exists because collective institutions ultimately aim to improve working conditions for all workers concerned, both collectively and individually. Collective labor law evolves based on the importance and representativeness of collective bodies.
Public Law (Mario de la Cueva)
Mario de la Cueva believes that collective labor rights fall under public law. He assumes that the collective right is a claim against the state, giving it the character of a constitutional guarantee. The collective right is a right of the social class—the employees—against the employer, giving it the nature of constitutional law and thus of public law.