Understanding Collective Labor Conflicts and Strike Regulations

Collective Labor Conflicts

In relations between labor and management, disputes can be categorized as:

• Individual: Involving a single worker and an employer regarding a matter affecting only those two parties.
• Collective: Pitting a group of workers against an employer or a group of employers regarding interests that affect all parties within the framework of labor relations. In this case, authorized employee representatives must initiate the collective action.

The Right to Strike

A strike is a measure of pressure used to defend the interests of workers. It consists of the temporary termination of services, agreed upon by a community of workers from one or more firms, due to a conflict that involves abandoning work and the workplace.

Illegal Strikes

Strikes are considered illegal under the following circumstances:

• When initiated or sustained for political reasons or purposes unrelated to the workers' professional interests.
• Sympathy or support strikes, unless they directly affect the professional interests of those promoting or sustaining them.
• When seeking to alter terms already agreed upon in a collective bargaining agreement.
• Rotating strikes or those affecting strategic sectors specifically to interrupt the productive process.
• Strikes that violate established rules or regulations.

Effects of a Strike

1. The employment contract is suspended; therefore, workers do not receive their salary.
2. During the strike, the obligation to make social security contributions is suspended for both the worker and the employer.
3. The employer cannot replace striking workers.
4. Strike days should not be discounted from vacation time.

Strike Procedures

1. Declaration of the Strike

The decision requires an explicit agreement in each workplace. A strike may be called by:

• Worker representatives.
• The workers of the affected workplace themselves, provided 25% of the workforce votes in favor of the agreement.

2. Communication and Notification

The strike declaration must be communicated to the employer and labor authorities by the worker representatives at least five calendar days prior to the start date. When public utilities are affected, the notice period is ten calendar days. The communication must be in writing, stating the objective of the strike, efforts made to resolve differences, the start date, and the composition of the strike committee.

3. The Strike Committee

The committee consists of a maximum of 12 workers affected by the conflict. It represents the strikers, and its main functions are to negotiate an agreement and ensure the maintenance of minimum services.