The official draft of the Work Modernization Act is in full swing against the power of the unions, especially the individual unions connected to the only CGT headquarters. It restricts the ability to hold meetings inside or outside the company and the right to strike. In addition, the collective agreement per company is given priority over the activity agreement.
What are the new hurdles for gatherings?
In the case of carrying out a Meeting inside or outside the employer’s premises, You will need your prior approval for the location as well as the time and duration of the performance and, if it is carried out within the facility, you must obtain approval for the location.
The worker will not receive any salary during the duration of the meeting
However, the ban on voting delegates in SMEs with fewer than 50 employees was not included in the official draft.
How the right to strike is restricted
Collective conflicts that could affect the normal provision of essential services are subject to ensuring the provision of minimum services 75% of the standard output, 50% for activities or services of paramount importance.
They will be taken into account essential services Strictly speaking, these include the following activities:
- Healthcare, hospital and pharmaceutical services.
- Drinking water, gas, electricity, internet and satellite communication service.
- Aviation, maritime and inland shipping as well as air and port control.
- Child care and education.
They will be taken into account Activities of transcendental significance including the following:
- Drug production.
- Land and underground transport.
- Radio and television.
- Additional industries such as steel and construction
- Food industry.
- Post.
- Sales and marketing of food and beverages.
- Agricultural activity.
- Banking, financial services, hotel and catering services and electronic commerce.
If the union of one of these sectors decides to take direct action measures, it must inform the employer and the Ministry of Labor in advance. 5 days in advance.
How collective agreements change
scope
The draft labor reform provides for collective agreements of companies or groups of companies and gives them priority over those of the union.
It states that larger collective agreements may not change or regulate the content of contracts with a smaller scope.
A The agreement on a minor scope takes precedencewithin the scope of his personal and territorial area of representation, compared to another agreement of greater scope that occurred sooner or later.
Ultraactive agreements
A Collective agreement whose term has expiredOnly the standards relating to working conditions remain in force. The remaining (mandatory) clauses only remain in force if the parties agree.
The Labor Department will call for renegotiation of contracts that have been outrageous since 1975.
What changes in the unions and their funding
Trade Union Law
In contrast to centrality, which supports a single CGT and individual trade unions through their activities, each association now acquires legal personality upon registration.
If the trade union association of workers with trade union status takes the form of a trade union, association or activity association and the applicant has adopted the form Association of the industry, profession or categoryLegal status can be granted.
Union assets
Employer may act as retention agents the amounts to be paid as membership fees by employees belonging to trade union associations with trade union status, provided that there is an express consent of the employee and an agreement between the parties. But they are no longer obliged.
Even, Approval must be obtained from the Department of Labor to allow the company to keep union dues.
What will union representation look like in the company?
Each HR delegate is granted credit for up to 10 paid monthly hours for the performance of their duties.unless the applicable collective agreement provides for a higher amount.
The exercise of this right will not be able to cause a disruption in activities in the work area.
The union protection, which prevents the delegate from being fired, applies from the date of candidacy for the office, However, it expires for the candidate who achieves less than 5%. of valid votes cast.
This protection applies only to legally elected union delegates or representatives occupy the positions of the holders. These designated alternates and/or congressmen maintain the protection of relative stability, although the absolute stability provisions do not apply.
What is considered unfair union practice?
They are considered unfair and unethical practices that result in a fine. from trade union associations, including:
- Intentionally interfere or disrupt influence the development of the company’s activities through the calling of meetings or other direct action measures.
- Promote the compulsive belonging and involuntary workers.
- Behaviors and/or Blackmail mechanisms to achieve compulsory membership.
- Extortive behavior and/or blackmail mechanisms towards employers.
- Retaliation against workers who do not comply with certain levels of violence.
In addition to these changes affecting the freedom to hold strikes, meetings and other things that speak against the power of CGT-affiliated unions, the draft changes the collective bargaining procedure to include company agreements.
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