Understanding Collective Representation and Trade Unions
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Collective Representation of Associations and Unions
Unions are non-profit associations of employees whose primary purpose is to achieve the economic and social progress of their members. This is accomplished through maintaining or improving their working conditions. They have standing, as maintained by Kapteyn, with varied partners.
| Organic Law of Freedom of Association | |
|---|---|
| Rights include the right to freedom of association |
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| Who can join a union? | Employed persons, unemployed persons, workers in public administration, self-employed workers without employees, and retired persons. |
| Excluded from the right to union membership |
|
Internal Organization of Trade Unions
Trade unions are groupings of workers by occupational activities or industries. These groupings are called federations. The grouping of the same union federations is called a trade union confederation.
Union members working in an enterprise have the right to form trade union branches in their company or workplace. A company may have as many sections as there are trade unions implanted. In businesses or workplaces with more than 250 employees, the unions will be represented by union delegates, elected from among the employees of that company who are union members.
Union delegates have the same assurances as committee members and the following rights:
- Access to the same information that the employer provides to the company committee.
- Attend meetings of the committee and of the internal organs for the prevention of occupational risks.
- Be heard by the industry before taking collective action, dismissing, or punishing any worker.
Guarantees of Workers' Representatives
The following are guarantees for workers' representatives:
- Priority of continuation of employment in cases of suspension or termination of contracts due to technological or economic causes.
- Protection from being fired or punished during their term, or for one year after its termination, provided the reason for the dismissal or sanction is based on an action in the exercise of their representation.
- If sanctioned for serious or very serious mistakes, an adversarial file should be opened, meaning the applicant and the other representatives of workers must be heard.
- Non-discrimination in their economic or professional development.
- Freedom of expression in matters concerning their representation.
- Each representative is given a certain number of paid hours per month to exercise their functions. The accumulation of hours in one or more representatives can be agreed upon collectively, allowing them to be completely relieved of work while still earning income.