Boral Derex: Regulating Labor Relationships and Worker Rights

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Boral Derex: Labor Relationship Regulation

This document regulates the relationship arising from the provision of services in Boral Derex, addressing both intellectual property (Estatuto Work of the Mind) and worker rights (TRBAJADORES).

Activities and Worker Categories

  • Regular Work: Standard employment activities.
  • Personal Implication Work: Includes volunteer work, organizational roles, and employee-management relations within the company (EMPRESAIO).

Professional Categories

  • Senior management
  • Family home workers
  • Professional athletes and artists
  • Trade representatives
  • Workers with disabilities (MINUSVALIDOS)
  • Staff and volunteers

Excluded: Public officials and those with benefit obligations.

Hierarchical Structure and Dispute Resolution

A ranking rule (jerarkia) is established, which cannot contradict superior provisions. Deregulation can only occur with equal or superior rank. Transition to judicial life (ai k) involves arbitration and conciliation through:

  • Social Court
  • Social Hall of Justice
  • Autonomous Community Tribunal
  • National Hearing Social Hall
  • Supreme Court Social Hall

Worker Rights and Duties

Rights: Work, free election, workplace bargaining, collective action (including strikes), information, meeting, consultation, participation in the company, job security, adaptation under contract, promotion, training, and non-discrimination based on sex, marital status, or age. The right to physical integrity and to meet specific obligations in good faith is also guaranteed.

Duties: Observe safety and hygiene, fulfill orders and instructions, act in good faith, and bridge mediation. Family labor and dissatisfaction with the company's business are not valid excuses for non-compliance.

Labor Standards Sources

Collective Agreements

Agreements between worker representatives and employers regulate working conditions at the company or sector level.

Individual Labor Contracts

Contracts between the worker and the company govern individual employment conditions.

Customs

Repeated acts over time can be adopted as standard practice.

Legal Hierarchy

Labor standards include Spanish law, Community contributions, and international treaties and conventions officially published in Spain.

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