Collective Unit Representation and Strike Rights
Collective Unit Representation
Works as a Whole: This applies to companies with two or more workplaces in the same province or nearby, without reaching 50 employees per site, but with a total of more than 50 workers combined.
Intercentre Committee: In companies where there are already several committees, an intercentre committee can be established by collective agreement. This committee has a maximum of 13 members drawn from the various committees for each center.
Skills of Staff and Works Council Members
- Oversee the enforcement of existing rules on labor, social security, and employment.
- Monitor and control health and safety conditions in the company.
Elections
Representatives of workers are elected through free elections with a mandate of four years.
Eligibility to be Elected
Staff representatives and members of the works council must be elected from among the employees of the company who are:
- Over 18 years of age.
- With a minimum of 6 months of service.
Eligibility to Vote
- Over 16 years of age.
- With a minimum of one month of service.
Procedure
Each elector may vote for as many candidates as there are positions to fill for staff delegates. For members of the committee, the census of voters is divided into two colleges:
- College for technical and administrative staff.
- College of specialists and unskilled workers.
Each voter votes for a list of candidates, not individual candidates.
The Strike
A strike is a measure of pressure to protect the interests of workers. It consists of the temporary cessation of service due to a labor dispute and leaving the workplace.
The right to strike is recognized individually but exercised collectively:
- Individual recognition implies that no worker can waive this right by contractual agreement.
Illegal Strikes
- Those initiated or sustained for political reasons or any other purpose outside the professional interest of the workers concerned.
- Sympathy strikes or support strikes, unless they affect the professional interests of those who promote or sustain them.
- Rotating strikes and those in strategic sectors intended to stop the production process.
- Work-to-rule or regulation strikes.
Effects of a Strike
- The employment contract is put on hold, so workers are not paid wages.
- The employer cannot replace the striking workers.
- The days of strike action should not be discounted from holidays.
Procedure for Starting a Strike
Declaration of the Strike: Representatives can agree on the declaration of the strike in each job.
- The workers’ representatives.
- The workers themselves in the workplace affected by the conflict, when 25% of the workforce decides to vote on the agreement.
Communication and Notification of Strike: The strike agreement must be communicated to the employer concerned and the labor authorities by the representatives of the workers at least 5 calendar days prior to the start date. Communication of the strike must be in writing, stating the objectives of the strike and the efforts made to resolve differences.
Strike Committee: This committee consists of a maximum of 12 workers affected by the conflict. It is the body representing the strikers. Its main functions are to try to reach an agreement and to ensure minimum services.