Worker Rights and Duties in Employment Law

Rights and Duties of Workers

The role of the worker is enshrined in Article 4 and Article 5 of the relevant labor law.

Basic Rights

• Right to free choice of profession and craft/art (EC 35.1).
• Right to freedom of association.
• Right to strike.
• Right to participation of employees in the company through representatives.
• Right to collective bargaining (Art. 37.1 CE).
• Right of assembly for workers in the assembly. Agreements can be adopted by a personal, secret ballot. A show of hands can be challenged. A majority is required for voting.

One-third (1/3) of the workers must communicate the convocation of the assembly, including the time and agenda, to the employer in writing a minimum of 48 hours before the meeting. The employer is obliged to provide a place to meet. Guests may include representatives of the most representative trade unions.

Rights Arising from the Employment Relationship

Right to Effective Occupation

Article 30 establishes this as a basic principle. If this right is missed, a claim for breach of contract can be requested prior to the extinction of the contract. If granted, the allowance is 45 days per year of service. Compensation for injury to a fundamental right, such as dignity, may also be requested.

Business Law to Promotion and Prohibition of Discrimination

Section 23 permits advancement exams. There is a Right to the Prohibition of Discrimination, Equality, and Right to Privacy. Any event that injures or may injure the dignity of the worker constitutes an injury to a fundamental right. In such cases, two actions can be taken:

1. Ask the judge to stop the harmful social behavior.
2. Claim an award of damages and the extinction of the contract.

Privacy: Monitoring and control of workers must respect privacy.

Harassment Based on Sex and Sexual Harassment

If harassment occurs, workers can:

1. Report it to the representative put in place at the job.
2. Pursue social or criminal action.

If pursuing the social path, the worker may ask for the cessation of the behavior and compensation, including punitive damages. If the person harassing is a co-worker, the employer must be informed to take measures and act to cease such behavior. If judicial review is sought, the victim may denounce the perpetrator criminally or civilly. The partner may also sue the employer for violating the duty of protection and may request the termination of the contract.

Prevention of Occupational Risks (R. Labor)

LPRL Law

Article 14 sets out the employer's duties of protection towards the worker. The most relevant rights include:

• Information regarding risks in the workplace.
• Information regarding the emergency plan.
• Training on prevention and protection measures.
• Consultation and participation through prevention delegates.

The Health and Safety Committee is a consultative body of joint order.

If any of these rights are breached, even without a resulting accident, a declaratory claim may be made in court. If a lack of training and information endangers a fundamental right, such as a risk to life or personal integrity, a claim can be made.