Worker Representation and Legal Rights

Implementation of Measures to Reconcile Rights

• Right to Control: Compliance with labor, social security, employment, and health and safety regulations, agreements, and practices. Implementation of the principle of equal treatment and opportunities for women and men.
• Representatives have the necessary capacity and legal standing to pursue administrative and judicial proceedings, upon agreement by a majority of its members.

Other Legal Powers

Rights of Passive Information: Rights to be informed of business decisions about:

• External functional mobility
• Individual MSCT
• Individual transfers
• Transmission company redundancies of an economic objective

Right of Active Information: Consultation with representatives is required prior to:

• Collective MSCT transfers
• Redundancies

Right to Participate in Making Certain Decisions:

• Substantial changes to collective labor conditions of conventional origin
• In the absence of agreement, the company agrees with the representatives (enterprise agreements) on the job classification system, promotion system, work week and daily distribution (Art. 34.2 and 3), the month for the second bonus, the payslip model, etc.

• Right to negotiate collective agreements at the company level
• Right to call a strike (Art. 3 DLRT, etc.)

Guarantees and Facilities for the Unit of Representatives

Guarantees

Purpose: To control or limit the exercise of corporate powers of direction and discipline concerning employee representatives.

Regulations: Art. 68 ET, and other provisions of the ET, Convention No. ILO 135. Such guarantees can be improved by collective agreement.

Taxable Benefits: Apply to individual representatives and other workers (shop stewards, safety representatives, members of worker prevention services, etc.).

Layoffs and Penalties

• Prohibition of Dismissal or Sanctions Based on Discrimination:
  • Meaning: Inability to fire (disciplinary or covert) or sanction (directly or indirectly) for the legitimate exercise of their duties as representatives. Execution of duties contrary to legal provisions allows for disciplinary action.
  • Application Time of Warranty: During the performance of their duties and one year after completion (except in cases of resignation or revocation of the mandate by the assembly). Candidates for the unit of representatives elections are also protected.
  • Cases of Infringing the Prohibition: The existence of a discriminatory motive leads to nullification of the dismissal or sanction, as per Art. 17/01 ET.