Collective Bargaining Dynamics & Employment Law Principles
Individual and Collective Autonomy
Article 37.1 of the EC recognizes the right to collective bargaining. It’s important to consider that the rights of workers and employers are on the same level, and neither should be paramount over the other. This recognition must have a material translation: unions, through guarantees, will carry out the negotiation. On occasions, the interests of one group may conflict with the interest of an individual worker; that is, the collective interest represented by a union may undermine the defense of an individual’s interest. The collective interest represents the greatest power available to workers for improving their collective conditions.
Heteronomous vs. Autonomous Regulation
In most cases, this relationship will be established within the law itself.
- Perfect Subjective Right: The government must ensure this right, and it cannot be compensated.
- Standards of Public Employment: Negotiations take place within these standards. For example, the minimum age to work.
Normal business rules are minimum legal standards, allowing for collective agreement negotiations. At times, state regulation dictates are only carried out if a collective agreement doesn’t specify otherwise. In other cases, the state sets a standard regulation and leaves the collective agreement to complete the details.
Employment Policy and State Intervention
State interventions include policies designed to promote employment. Article 35 of the EC serves as a guiding principle for government policy, stating that government action should aim to fulfill the right to work. However, this duty is not guaranteed; it is not a perfect subjective right we possess today. It’s clear today that government policies should aim to promote this.
- Active Policies: Aimed at improving the quality and quantity of employment. These focus on worker training and have been implemented since the 1980s.
- State Role Limitation: The State does not directly create jobs; employment is created by entrepreneurs. The government’s direct influence is minimal. Steps can be taken to improve employment, but the involvement is indirect. Employment tends to be generated during economic booms and disappear during economic crises.
Collective Bargaining, Social Dialogue & Consultation
Collective Bargaining Structures
The structure of collective bargaining is determined by the number of agreements existing in a given environment at a specific time.
- Decentralized Structure: Characterized by numerous agreements affecting limited sectors.
- Centralized Structure: Involves few agreements covering a wide area.
Regarding our structure: Statistics on agreements can be problematic. Data collection forms sometimes request information impossible for signatories to provide, and compiling this data is time-consuming. We need to see how many workers lack coverage under collective agreements, as their working conditions are consequently worse. Company-level collective agreements generally offer better working conditions.
Statistical Breakdown:
- 76% of collective agreements are at the company level, with 23.8% at a higher level.
- However, company-level agreements (the 76%) affect only 6.3% of businesses and 11% of workers.
- Most workers and businesses are affected by provincial sectoral agreements.
This indicates that most companies in our country are medium, small, or micro-sized. Many lack representation and are therefore grouped by sector.
Social Dialogue: Process and Results
What do social dialogue conventions govern? They regulate negotiations ranging from typical subjects like hours or wages to more complex interests. Social dialogue often involves negotiating issues beyond standard working conditions and at a different level, potentially involving third parties (like the government).
While related to bargaining, these might not always be classified strictly as collective agreements due to the subjects involved. The results of social dialogue can be binding. The government may take these results (potentially formulating them as laws) to parliament for enactment if necessary.