Trade Union Rights and Collective Labor Disputes

Understanding Trade Unions and Collective Bargaining

A union is an ongoing partnership and non-profit organization independent of employers, dedicated to the economic and social progress of its members, specifically for the maintenance and improvement of working conditions through collective bargaining.

Most Representative Trade Unions

• Nationwide: Those that have gained 10% or more of the total staff and committee members of unions federated with other state-level organizations that hold representative status.
• Autonomous Community Scope: Those that have achieved 15% or more of total staff delegates and members of works councils in a community, alongside other federal unions that hold representative character in this field.

These organizations have the ability to:

• Perform collective bargaining.
• Hold representation before public government bodies.
• Participate in non-jurisdictional labor dispute settlements.
• Obtain the use of publicly owned property.

Trade Union Activities Within the Company

Workers belonging to unions may, within the scope of the enterprise or workplace:

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

The union sections of the most representative trade unions are entitled to:

• Collective bargaining.
• Have a bulletin board.
• Use a room in any enterprise or workplace with more than 250 employees.

The trade union branches are represented by union stewards.

Right of Assembly for Workers

Meetings may be convened by staff representatives, the works council, or a number of workers representing no less than 33% of the total workforce. The invitation must be notified to the employer 48 hours in advance.

The employer is not required to provide the work center for the meeting in the following cases:

• When the call is not legal.
• If less than 2 months have passed since the previous meeting.
• In the event that damages from previous meetings have not been paid or guaranteed.
• If there is a legal closure situation of the company.

Collective Labor Disputes

The procedure for collective labor disputes is a legal instrument aimed at resolving differences arising between the company and workers that affect their general interests. These may be brought by workers or employers and are categorized as follows:

• Conflicts of application: Arise when there are divergent opinions on the interpretation and application of standards.
• Conflicts of interest: Arise when seeking the modification or replacement of a standard.

The Right to Strike

A strike is the collective suspension of work agreed upon by employees as a means to claim specific benefits from the employer.

A strike is considered legal if:

• The agreement is adopted by a majority of workers or their representatives.
• It is communicated in writing to the affected employer with a notice of 5 days (or 10 days for public utilities).
• A strike committee is established to intervene in all actions and negotiations that take place.