Operational Rules for Unitary Representation Bodies

Rules of Operation for Unitary Representation Bodies

Operational Procedures

• Staff Delegates: Delegates act in conjunction with the employer. Agreements do not require unanimity; a majority vote is sufficient.
• Company Committee: Members must elect a president and a secretary. The works council establishes its own rules of operation:

• A copy of these regulations must be submitted to the labor authority and the company for registration, not for legality control.
• Regulations cannot expand the legal powers of the works council or the collective agreement.
• The committee may establish commissions for specific functions. No union member may be excluded from these commissions, and their composition must maintain proportionality based on the number of representatives from each professional association.
• Changes to the rules must follow the procedures and majorities defined within the regulations.
• The validity of the regulations persists beyond the term of the current works council until modified by subsequent rules.

The works council shall meet every two months or upon the request of one-third of the represented workers (Art. 66.2 ET). The committee rules may establish more frequent meetings or lower thresholds for requesting a meeting.

As a collegiate body, the committee requires a majority of its members to perform its duties. Decisions are made by majority vote:

• Decisions cannot be excluded by the president or secretary.
• Decisions may be delegated to a representative or commission elected by the committee for specific functions.

Type of Mandate

The mandate of staff delegates and works council members is representative rather than binding because:

• They are not required to submit every decision to a majority vote.
• Once elected, they act in accordance with their legal and conventional duties, with their performance subject to review in the next election or a revocation assembly.

At the discretion of the representatives or one-third of the company's employees, the mandate may become imperative. This occurs when representatives choose to submit specific issues to the employees in a meeting. Decisions affecting the general workforce require an absolute majority of employees in the enterprise or workplace.