Unions, Business Associations, and Collective Agreements

Posted on Sep 15, 2024 in Law & Jurisprudence

Unions

Rights (Including Freedom of Association)

  • The right to form unions.
  • The right to join (or not join) a union.
  • The right of each member to freely elect their representatives.

Who Can Join a Union?

  • Employed persons
  • Unemployed persons
  • Government workers
  • Disabled persons
  • Self-employed workers

Note: Pensioners do not have workers at their service.

Who Is Excluded from Union Membership?

  • Members of the armed forces (military)
  • Judges, magistrates, and prosecutors

Specific Partnerships

Members of the security bodies and forces are governed by specific regulations.

Business Associations

Business associations are private associations of individual entrepreneurs or companies that defend their interests. Their internal structure and functioning must be democratic and are defined by two basic factors: economic sector or branch of activity and territory of operation.

The Collective Agreement

A collective agreement is a freely adopted agreement between worker and employer representatives, resulting from negotiations. It regulates working conditions, productivity, and industrial peace.

Scope of Collective Agreements

  • Functional
  • Territorial (geographical area: local, provincial, etc.)
  • Staff (to whom the Convention applies)

Content of Collective Agreements

Collective agreements regulate economic and labor union matters. Minimum requirements include:

  • Agreement on the terms of the collective agreement
  • Personal, functional, territorial, and temporal scope
  • Policies and procedures for non-application of the payment system established by the Convention
  • Form and conditions of contract termination and notice period
  • Appointment of a joint committee representing both negotiating parties

Standing

  • Enterprise agreements or lower level: works council, staff representatives, or union representatives
  • Top-level agreements with companies (eligible negotiators):
    • The most representative trade unions at the state and autonomous community levels, and those with 10% of works council members
    • Business associations within the agreement’s geographical and functional scope that represent 10% of businesses and 10% of the affected workers

Procedures for Negotiating a Collective Agreement

  1. Initiative of the negotiation: Entitled parties submit a proposal and a copy to the labor authority.
  2. Response: The other party responds within one month, indicating whether they will enter negotiations.
  3. Negotiating committee formation: Within one month of receiving communication, a negotiating committee is formed and a negotiation plan is established.
  4. Negotiation process: Negotiation proceeds in good faith and by majority vote.
  5. Registration: Once agreed upon, the agreement is registered with labor authorities within 15 days of signature.
  6. Deposit: The agreement is deposited with a public body.

The Strike

A strike is the temporary cessation of services, agreed upon by a community of workers from one or more firms to defend their interests during a labor dispute. It involves abandoning the workplace.

Illegal Strikes

Strikes are considered illegal in the following situations:

  • Strikes commenced or sustained on political grounds
  • Solidarity and support strikes
  • Strikes seeking to modify an existing agreement
  • Strikes violating established rules

Procedures for Starting a Strike

  1. Strike declaration: Requires express agreement in each workplace, either through worker representatives or directly by the affected workers.
  2. Press strike: The strike plea agreement must be submitted to the employer and labor authorities.
  3. Notice: The press strike must be notified five days before the start date.
  4. Strike committee: Composed of a maximum of 12 workers affected by the conflict.

Effects of a Strike

  • The employment contract is suspended, and no salary is paid.
  • Striking workers are particularly vulnerable; Social Security suspends employer and employee contribution obligations.
  • The employer cannot replace striking workers.
  • Strike days are not deducted from vacation time.

Lockout

A lockout is the collective suspension of work and closure of employment by the employer. It is only permissible in the following cases:

  • Strikes or other irregularities in the collective work system
  • Existence of a clear danger of violence to persons or property
  • Illegal occupation of the workplace
  • Significant irregularities preventing production work

Effects of a Lockout

The effects of a lockout are the same as those of a strike.

Lockout Procedure

The employer must inform the employment authority within twelve hours of initiating a lockout.

Dispute Settlement in Collective Disputes

Workplace disputes can be resolved through legal or alternative means.

  • Direct negotiation: Parties resolve the dispute without outside help, potentially through joint committees or labor peace agreements.
  • Settlement: Parties attempt to reach a settlement before a neutral third party.
  • Mediation: Parties utilize a mediator to resolve the dispute; suggested solutions are not binding.
  • Arbitration: Parties attempt to reach an agreement through an impartial third party who provides a binding solution.