Employee Representation and Labor Strike Rights

Employee Representation in the Workplace

The participation of workers in the company to defend their interests is conducted through several channels:

• Unions: Through their affiliates, unions are entitled to intervene in the workplace via trade union branches and shop stewards.
• Staff Delegates and Committee Members: Representatives of Company K are elected by their fellow workers through elections held every four years in the workplace.

The Concept and Rights of Unions

A union is a permanent and autonomous non-profit association of salaried workers dedicated to the economic and social progress of its members. Its primary focus is the maintenance and improvement of working conditions through collective bargaining. Everyone has the right to organize freely.

Freedom of Association

The right to freedom of association has two distinct aspects:

• Positive: The right to organize freely.
• Negative: The right not to organize; no worker will be required to remain in a union. It is a right, not a duty.

Union Actions within the Company

Workers who are union members have the right to:

• Create union sections.
• Hold meetings.
• Receive information submitted by their union.

Trade union branches are represented by shop stewards when their union has won elections in the workplace, holds representatives on the committee of the company, and the company employs more than 250 employees.

Personnel Delegates and Corporate Committees

Personnel Delegates

• Up to 30 workers: 1 delegate.
• Between 31 and 49 employees: 3 delegates.

Corporate Committees

The number of members is determined by the membership level:

• From 50 to 100 employees: 5 members.
• From 101 to 250 employees: 9 members.
• From 251 to 500 employees: 13 members.
• From 501 to 750 employees: 17 members.
• From 751 to 1,000 workers: 21 members.
• From 1,000 onwards: 2 members for each additional fraction, with a maximum of 75.

Legal Regulations for Labor Strikes

A strike is the suspension of work performed by employees by mutual agreement.

Requirements for a Legal Strike

• There must be a majority agreement by workers and their representatives.
• Union organizations must have implementation within the labor question.
• The strike must be communicated in writing to the employer at least 5 days in advance (10 days for public utilities).
• A strike committee must be formed with no more than 12 workers to intervene in all actions.

The parties must reach a prompt agreement; any agreement reached will have the same effectiveness as a collective agreement.

Consequences of a Strike

During a strike, labor contracts are suspended and workers have no right to wages. Employers cannot replace strikers with other workers.

Illegal Strikes

A strike is considered illegal when:

• It is based on political reasons rather than labor issues.
• It maintains a character of solidarity or support for external causes.
• The objective is to alter what was already agreed upon in a valid collective agreement during its lifetime.
• A violation occurs as provided by law.

Common Questions on Labor Representation

What percentage of staff delegates and committee members must a union have to be granted representative status?
10% (or 15% or more in specific areas of an autonomous community).

How much seniority must a worker have in the business to vote in the election of delegates?
6 months of seniority and 18 years of age (candidates may be presented with only 1 month of seniority).

What is the minimum term of office for members of a business committee?
4 years.

What percentage of the workforce is needed to hold a meeting in a workplace?
A majority of the workers.