Labor Relations: Conflict Resolution, Strikes, and Collective Agreements

Posted on Dec 27, 2024 in Law & Jurisprudence

Conflict Resolution Methods

When disputes arise in the workplace, several methods can be employed to resolve them:

  • Conciliation: Parties to the conflict present their claims, attempting to reach a settlement before a third party.
  • Mediation: A designated body assists in conflict resolution by proposing recommendations or value-based decisions.
  • Arbitration: A third party intervenes, and their decision is binding, dictating the agreement’s contents.
  • Agreement Signed by Business Organizations and Trade Unions (ASEC): Aims to maintain and develop a system for resolving labor disputes between employers and employees.
  • Labor Authority Intervention: Parties can request the labor authority’s intervention in resolving the conflict.
  • Court Proceedings: Initiated by a written application to the court, outlining the general demands, affected workers, and the legal basis of the application.

Strikes

A strike is a temporary, collective, and concerted work stoppage initiated by workers to advocate for economic improvements or better working conditions.

Types of Strikes

  • Legal Strikes: These are professional in nature and address pay, hours, working conditions, and trade union rights.
  • Illegal Strikes: These include political strikes, those lacking professional interest, solidarity strikes, and those aiming to change a collective agreement during its term.

Formal Requirements for a Strike

Declaring a strike involves several steps:

  1. Communication (notice) to the employer and labor authority at least five days in advance.
  2. Written declaration by the strike committee.
  3. Public announcement.
  4. Termination through worker withdrawal, agreement between parties, or binding arbitration.

Effects of a Strike

  • Legal Strike: The employment contract is suspended. The employer is not required to pay wages during the strike. The strike is not grounds for dismissal or sanctions.
  • Illegal Strike: Salary is suspended for all strikers, with a proportional discount on holidays. Workers on strike may lose social security benefits. The contract may be terminated in disciplinary cases.

Lockouts

A lockout is the temporary closure of a workplace by the employer in response to collective actions that may disrupt operations or endanger people and property.

Causes for a Lockout

  • Violence against people or serious damage to property.
  • Illegal occupation of the workplace.
  • Irregular absences due to illegal strikes (intermittent, strategic, or rotating).

Types of Lockouts

  • Offensive Lockout: Initiated by the employer to hinder workers’ strategies or pressure them to change their demands.
  • Defensive Lockout: A response to prevent adverse disturbances or preserve the integrity of people, goods, and facilities.
  • Partial or Undercover Lockout: Lacks a legitimate cause or communication to the labor authority.

Requirements for a Lockout

  • Duration: Limited to the time essential to ensure the resumption of activity.
  • Procedure: The employer must notify the labor authorities within 12 hours of the closure.

Effects of a Lockout

  • Employment Contract: The employment relationship is suspended, and workers are not entitled to pay.
  • Social Security: Workers remain in a special high-purpose state, with social security benefits suspended. The employer’s and workers’ contribution obligations are also suspended.

Collective Agreements

Negotiating Committee Composition

For company-level agreements, the negotiating committee has up to 12 members. For higher-level agreements, it has up to 15 members. A majority vote from each party is required to reach an agreement.

Administrative Processing of Agreements

The competent labor authority is determined by the agreement’s territorial scope:

  • If it exceeds one Autonomous Community (CCAA), the General Directorate of Labor is responsible.
  • If the scope is equal to or less than the CCAA and it has jurisdiction, the autonomous labor administration is responsible.

Once presented, the agreement is processed:

  • Administrative registration, deposit, and publication.
  • The labor authority orders its deposit and free publication in the official gazette within ten days.

Extra-Statutory Agreements

These agreements are negotiated outside the channels established in the Workers’ Statute (ET). Parties are not subject to ET requirements. They are governed by the Constitution and Civil Code rules on contracts. They have limited efficacy and apply only to specific employers and employees.

Requirements of Collective Conflict

A collective conflict involves a group of workers, not just one. It concerns general interests, seeking to satisfy claims as a group, not as individuals. It requires an interpretation of rules from the state or collective autonomy.

Types of Collective Conflict

  • Legal Dispute: Based on a right covered in a pre-existing norm.
  • Interest-Based Conflict: Arises from the aim to modify the existing order by changing conditions.