Workplace Representation and Employee Rights Explained

Worker Representation Requirements

Staff Delegates and Committees

• For companies with more than 11 workers and up to 30, a staff delegate must be present.
• A staff delegate is not required for companies with fewer than 11 workers.
• A worker's committee is only required in companies with at least 50 workers.

Delegate Participation in Meetings

• A delegate may attend meetings with voice but no vote.
• This principle also applies to attendance at meetings concerning national security, where the delegate has a voice but no voting power.

Right to Representation During Settlement

Employees are entitled to the presence of a worker representative at the time of their final employment settlement.

Scope of Union Powers

Unions can exercise all powers granted under the law at the local, regional, and state levels, and for any functional level.

Worker Committee Composition

• If a company has a worker committee, it typically consists of 25 members.
• For larger companies, such as those with 3300 workers, the committee would comprise 27 members.

Access to Employment Contracts

Worker representatives have the right to obtain a basic copy of all employment contracts signed with the company.

Disciplinary Procedures for Representatives

Special Procedure for Sanctions

• In cases of sanctions for misconduct or very grave offenses against employee representatives, a special procedure must be initiated. This involves opening a contradictory file.
• Any sanction imposed without following this procedure shall be null and void. Such an action would be considered an unfair dismissal, entitling the employee to appropriate compensation or reinstatement within the company.

Collective Bargaining Agreements

Termination and Renewal Clauses

• A termination clause in a collective agreement specifies the conditions under which the agreement can be ended.
• If no formal complaint or objection is filed, the collective agreement is automatically renewed from year to year.

Negotiating New Agreements

It is correct to propose in writing the negotiation of a new collective agreement, provided the majority of workers agree. It is crucial to ensure that the termination clause of the existing agreement is respected.

Compensation and Absorption Clauses

A compensation and absorption clause in a collective agreement means that the conditions specified in a previous agreement are derogated, and the new conditions are implemented. This typically applies when the new conditions are less favorable than those previously established.

Strike Procedures and Regulations

Key Requirements for a Legal Strike

• Standing (Legitimacy): It must be verified whether the strike is permissible under the collective agreement in force. The decision to strike must be approved by a simple majority vote of the workers.
• Communication: It is necessary to communicate the intent to strike in writing with a minimum of 5 days' notice to both the employer and the relevant corporate authority.
• Strike Committee: A strike committee must be formed to manage conflict resolution during the strike. This committee shall consist of a maximum of 12 members.

Impact of Strikes on Employment

• During the duration of a strike, the employment contract is suspended, and therefore, workers do not receive a salary.
• While workers retain the freedom to go to work, if they choose to strike, their obligation to work is suspended. Consequently, payment for temporary disability is also suspended during this period.

Conditions for Employer Lockout

An employer lockout is only permissible under specific circumstances, such as a danger of violence, serious damage to people or property, or other grave circumstances that necessitate closing the company.