Workplace Relations: Disputes, Safety, and Employee Rights
Labor Disputes and Resolutions
A labor dispute arises when labor and management disagree on employment terms. This conflict can manifest in several ways:
- Collective Labor Dispute: Involves worker representatives, employers, and business associations.
The resolution can be achieved through:
- Agreement: Direct settlement between parties.
- Reconciliation: A third party facilitates negotiation without offering solutions.
- Mediation: A third party proposes solutions but does not make decisions.
- Arbitration: A third party imposes a binding solution.
Strikes and Lockouts
Strike: Workers disrupt work to impose conditions or protest, starting with written notice. Strikers are not paid but must respect non-strikers’ right to work. Essential services may require minimum operation levels.
Lockout: Employers close the workplace due to strikes or work irregularities, especially when there is a risk of violence, property damage, illegal occupation, or disruption to production.
Personal Control in Human Resources
The HR department monitors activities, manages motivation, and evaluates results to resolve errors. Key areas include absenteeism, overtime, staff movement, and labor relations.
Technology in Human Resource Management
Information technology is used in HR for:
- Online Recruitment: Candidates submit resumes through websites (e-recruitment).
- E-learning: Computer-based training offers convenience and cost reduction but may lack interactivity.
- Intranet: Internal communication tool for quick and effective information sharing.
Knowledge Management: Sharing employee experience and knowledge to foster collaboration and learning, increasing efficiency and productivity.
Telecommuting
Telecommuting: Working remotely via the internet, improving work-life balance but potentially reducing synergy. It can be done at home or in mobile call centers.
Workplace Safety and Health
Prevention of occupational hazards aims to improve working conditions and protect worker health and safety.
Responsibilities
- Employers: Assess risks, implement preventive actions, enforce safety regulations, provide equipment and training, and inform workers of potential risks.
- Employees: Ensure their own and others’ safety, use equipment correctly, and report risks.
- Manufacturers/Suppliers: Provide information on safe use of products.
- Government: Develop actions to prevent accidents and diseases, and promote safety awareness.
Payroll and Social Security
Salary: Total economic benefit for work, including cash and in-kind payments (up to 30% in-kind).
Wages
- Minimum Wage (SMI): Minimum pay regardless of profession.
- Wage Composition: Basic salary plus supplements.
- Extra Payments: Typically two per year.
Wage Guarantee: Worker wages take precedence over other debts. The Social Guarantee Fund (FOGASA) covers unpaid wages in case of employer insolvency.
Pay Slip: Includes company and employee data, salary details, gross salary, deductions, and net salary.
Social Security Contributions: Based on employee remuneration, covering common, professional, and overtime contributions.
Deductions: Include Social Security and income tax withholdings.
Control of Worker Rights and Duties
Labor Rights
- Weekly Rest: One and a half days of uninterrupted rest per week, or two days for those under 18.
- Annual Leave: Paid holiday period of at least 30 calendar days.
- Non-Discrimination: No discrimination based on sex, age, marital status, race, class, or ideology.
Employee Obligations
- Fulfill job duties with good faith and diligence.
- Observe hygiene and safety.
- Contribute to productivity.
- Hand over work results to the employer.
- Respect employer’s direction.
Human Resource Training
Training helps staff adapt to technological and social changes. Continuous training is essential, balancing costs and performance expectations.
Industrial Relations
Activities related to the company and workers, through representatives like works councils and staff representatives, addressing social conditions, collective agreements, and workplace conflicts.
Trade Unions and Employee Representatives
Trade Unions: Associations of workers defending economic interests. Freedom of association is a basic right.
Employee participation is implemented through:
- Personnel Delegates: Representatives in companies with 10 to 50 employees.
- Works Council: Representative body in companies with 50 or more employees.
Both are informed of penalties and responsible for collective bargaining.
Collective Bargaining
Collective Bargaining: Process to reach agreements between employers and employees on working conditions.
Collective Agreement: Contract regulating working conditions for a specific area and activity, covering economic, labor, and work-related matters.
Labor Disputes
A labor dispute occurs when labor and management disagree on some aspect of the employment relationship. The manifestation of this conflict may be in various forms: