Understanding Collective Representation and Union Rights

Posted on Feb 1, 2025 in Social sciences

Collective Representation of Associations

Unions are non-profit associations of employees whose main goal is to achieve the economic and social progress of their members. This is accomplished through the maintenance or improvement of working conditions. They have standing, as it is maintained, even if partners vary.

Organic Law of Freedom of Association

AspectDetails
Rights included in the right to freedom of association
  • Right to found a union.
  • Right to join or not join a union.
  • Right to separate from the union one was affiliated with.
  • Right to freely choose the union to affiliate with.
  • Right of each member to freely choose their representatives within each union.
  • Right to union activity.
Who can join a union?
  • Employed persons.
  • Unemployed persons.
  • Workers in public administration.
  • Self-employed persons without employees.
  • Retired persons.
Who is excluded from the right to unionize?
  • Members of the armed forces and the armed forces of a military nature.
  • Judges, magistrates, and prosecutors, while they are active.

Level of Representativeness of Trade Unions

Most representative trade unions will have the following capabilities:

  1. Hold institutional representation before public governments.
  2. Participate as partners in the determination of working conditions in public administration.
  3. Participate in collective negotiation.
  4. Participate in non-jurisdictional solutions to work conflicts.
  5. Promote elections for staff delegates and company committee members.
  6. Have the possibility that public administration will give up the use of public property.
  7. Carry out any other representative function that is established.

The Internal Organization of Trade Unions

Unions of workers are grouped by occupational activities or production industries. These are called federations. The grouping of the same union federations is called a trade union confederation. The members of the same union working in an enterprise have the right to form trade union branches in their company or workplace. Therefore, a company union may have as many sections as there are unions in the company.

In businesses or workplaces where there are more than 250 employees, the unions will be represented by union delegates, elected among the employees of that company who are union members. The stewards have the same assurances as company committee members and the following rights:

  • Access the same information the employer provides to the company committee.
  • Attend meetings of the committee and of the internal organs of labor risk prevention.
  • Be heard by the company before taking steps of a collective nature, dismissing, or punishing any worker.

Representativeness of Trade Unions

Most representative trade unionsStatewideAccredited with 10% or more of total staff delegates and company committee members.
Most representative trade unionsAutonomous community levelAccredited with 15% or more of staff delegates and company committee members, and always have a minimum of 1500 representatives and are not federations or confederations of trade unions with a state scope.
Smaller unions with representativenessSpecific territorial or functional scopeDemonstrate 10% or more of staff delegates or committee members.