Labor Rights and Social Security: Key Concepts
What is a Union?
A union is a democratic organization composed of workers in defense and promotion of their social, economic, and professional interests related to their work activity, relative to the center of production (factory, shop, company) or employer with whom they are contractually related.
What is a Collective Agreement?
A collective agreement is an agreement between the representatives of workers and employers to determine working conditions and productivity in a given workplace. To be meaningful, collective agreements must be in writing and be submitted to the labor authority, to be applicable from the time when the parties so agree.
What is Collective Bargaining?
The collective bargaining agreement is the agreement reached by the representatives of the workers and entrepreneurs with the aim of improving the minimum levels set by regulations.
Types of Agreement
- Obligational: Clauses to respect and comply with.
- Standards: Clauses concerning working conditions.
Minimum Content of a Convention
- Specify who arranges the agreement.
- Establish what is personal, functional, territorial, and temporal.
- Determine the shape and position to denounce the agreement and the date of notice for the same.
- Appoint a joint committee representing the parties to resolve any issue.
- Set the conditions and procedures in companies included in the agreement for failure to apply the wage system.
What is the Validity of a Collective Agreement?
A collective agreement can have requirements in terms of rights referred to in an earlier set. But before an application caters doubt as regulated in a new agreement.
What is a Strike?
It is the right of all workers to make a collective work stoppage for conducting their work, in order to denounce a labor dispute. The strike may be temporary or indefinite.
Classes of Strike
- Justified
- Strike solidarity
- Work goes slow
- Needless
- Policy
- Legally existing
- Legally nonexistent
States the Reasons for a Lockout
- Danger to people or things (violence)
- Missed or irregular production
- Illegal occupation of the company
What is Social Security?
The Constitution imposes on the government the obligation to maintain a social security scheme for all citizens, guaranteeing adequate social assistance and benefits in situations of need. Social Security is therefore the system whereby the state guarantees all persons within its scope, as well as relatives or carers.
Social Security Schemes
The special nature of certain professional activities has determined that, in addition to the general scheme, there are a number of special rules.
General Schemes:
- Employed persons
Special Schemes:
- Scheme for Self-Employed or Self-Employed
- Special Agricultural Scheme
- Special Scheme for Sea Workers
- Special Scheme for Domestic Employees
- Special Scheme for Coal Mining
- Students
What is Temporary Disability?
Temporary disability means a situation in which the worker, through sickness or accident, is temporarily unable to work and needs healthcare from Social Security.
Define Permanent Partial Disability
Permanent partial incapacity for usual occupation which, without achieving the levels of total expenses incurred by the worker, does not decrease below 33% in normal performance for the profession, without preventing the realization of the fundamental tasks of the same.
Define Total Permanent Disability
The employee cannot perform the essential functions of the job but can perform other jobs. Amount: 55% of the Base Rate (BR).
Define Absolute Permanent Disability
Disables the worker for any profession or trade.
Define Great Disability
The affected person requires the help of others to perform the most basic acts of his life: getting up, eating, dressing, etc. Amount: 150% of the BR.