Understanding Collective Bargaining, Strikes, and Lockouts

Collective Bargaining and Agreements

Collective bargaining: A written agreement detailing the terms and conditions of employment, conducted between a corporate employer or organization and a workers' representative organization.

Collective agreement:

1. A collective agreement is reached when a majority vote is obtained from each negotiating party.
2. To be legally binding, the agreement must be written.
3. The agreement must be submitted for registration with the competent authority within 15 days of signing.

Performance Strikes: Requirements

1. Declaration: A direct declaration of a strike by employees.
2. Communication: Notification to the employer and labor authority representatives, with 5 days' notice (calendar days) and 10 days' notice if they are public sector employees.
3. Strike Notice: A written notice specifying the strike's objective, steps taken to resolve differences, the strike's start date, and the strike committee.
4. Strike Committee: A representative body, not exceeding 12 persons, responsible for negotiating and reaching an agreement to end the strike, ensuring minimal disruption of essential services and maintenance of machinery.
5. Publicity: The right to peacefully advertise the strike, respecting the freedom of those who do not wish to participate.

Strike Termination

1. Desistance: Workers voluntarily end the strike, instructing their representatives accordingly.
2. Agreement: Parties reach an agreement during negotiation to end the strike, formalized as a collective agreement.
3. Compulsory Arbitration: Government-mandated arbitration to end a prolonged strike, where the parties' positions are too distant, causing serious harm to the national interest. The arbitration agreement is binding.

Classes of Lockouts

• Offensive Lockout: Implemented to obstruct labor strategies, such as strikes, or to force workers to change their position.
• Defensive Lockout: Corporate action to prevent the consequences of collective actions that threaten the integrity of persons, property, or facilities.
• Partially Hidden Lockout: Occurs when there are no legally established causes to justify closure, nor any communication made to the labor authority.

Reopening a Labor Center

• Employer Initiative: The closure time must be limited to ensure the resumption of activities.
• Worker Initiative: Termination of employment is considered illegal if requests made by workers for normalization are ignored.
• Labor Authority Requirement: The labor authority may require the employer to allow staff to return to work, or face penalties for illegal closure.