Understanding Labor Unions: Structure, Rights, and Collective Bargaining
Labor Unions
National organizations representing workers’ interests across various production and service sectors. These include confederations, federations, trade unions, civil administration officials, and associations formed by individuals, as defined by their statutes. Pensioner organizations with legal personality can also join.
Legalization of Unions
The elected union board must deposit the original certificate of incorporation and two certified copies of the statutes with the Labour Inspectorate within 15 days of the meeting. This registration grants the union legal personality. Failure to deposit within the period requires a new constituent assembly.
Legality Control
The Labour Inspectorate has 90 calendar days from the deposit to make observations on the union’s constitution’s legality. The union has 60 days to rectify defects or challenge the observations in court. Failure to do so results in the expiration of legal personality.
Collective Representation Freedom
Unions have the right to elect representatives without interference from the State or its social partners, respecting democratic principles.
Collective Action Freedom
Unions have the right to organize and act in pursuit of their objectives.
Union Structure
The sovereign body is where members regularly discuss activities and make major decisions. The board, usually collegial (except for unions with fewer than 25 workers), consists of directors as established by the statutes. Directors with the required majority elect the President, Secretary, and Treasurer.
The Personnel Officer
A worker serving as a communication link between a group of workers and the employer/management, also representing them to labor authorities. They can be chosen in companies with multiple unions by non-affiliated workers, provided their number and representation percentage meet the shop steward standard.
Collective Bargaining
Collective bargaining can be initiated anytime, even with an existing collective agreement. It’s unrestricted except for groups of workers negotiating, who must meet specific Labor Code standards (8+ workers, represented by a committee of 3-5 members). The employer must respond within 15 days. Approval of the employer’s final proposal requires a secret ballot supervised by a labor inspector. There’s no immunity for involved workers, no right to strike or lock-out, no obligation to negotiate, and no requirement for the employer to sign a collective instrument.
Draft Collective Agreement Content
- Negotiating parties
- Companies and their addresses
- List of involved workers
- List of union members and adherents
- Copy of approved minutes: Absolute majority vote by secret ballot at a meeting with a minister of faith, granting representation to the union.
- Signatures of proposing workers
- Agreement duration
- Contract clauses
- Negotiating committee members
- Signatures of negotiating committee members