Latest draft of labor reform Which the national government will officially strengthen exceptionally A clear intention to restore a large part of the relations between workers and companies But, in addition, he devotes extensive sections to it Trade union practice And that – if the law is passed – it will be different from what is known today.
It will still be under review and will have a new status due to technical issues e.g Obtain legal statusto practical issues such as Assembly contract.
Several chapters of the project will be devoted to this issue. Many of them collected the letter already mentioned in Decree 70/23Especially with regard to the way the union’s relationship with employers and workers is handled on a daily basis.
According to the document circulated as a final draft, for example, The mere holding of a workers’ assembly will be organized in a very special way: Although it is recognized that a legally recognized trade association can hold these meetings, it must do so “As long as this does not affect the normal development of the company’s activities or cause harm to third parties.”
If that activity takes place inside or outside the employer’s facility. “Your prior permission must be obtained, both as to where the schedule will be held and its length.”
But perhaps the most important point lies in the last sentence of the proposed article: “The worker will not receive his wages during the work period.”. This means that during the rally, the worker will not receive his salary.
Furthermore, it should be noted that coercive measures may not “affect the freedom of action of those who do not comply through acts, actions and/or intimidation or threats” and that they would be serious. “Causing, seizing, instigating or organizing the siege, seizure, or seizure of an establishment; Preventing or obstructing the entry or exit of persons and/or things into the establishment, in whole or in part.”
It also makes the project more flexible to gain union recognition for lower-level representations, such as those concentrated in companies. To claim legal status, it will be sufficient for the group to have more members for six months than the pre-existing association.
The project grants up to “10 paid hours per month” to union representatives, but places new limits on known “custodianship,” the way actors’ jobs are protected.
For example, immunity will last for six months from the date of a worker’s informed application for a union position, and will expire for workers “whose application has not become official.”
At the same time, “delegates may not be suspended, dismissed, or have their working conditions modified” if there is no prior judicial decision excluding them from warranty.
“The intervening judge or courtUpon the employer’s request within a period of five (5) days He may order the suspension of work benefits as a precautionary measure.“When the questioned person’s remaining in his position or maintaining working conditions may cause a potential danger to the safety of persons, company property or the normal operation of the company,” the draft states.
But what is new is that union protection exists Only for legally elected union delegates or representatives who hold employer positions: Persons appointed as alternates or members of Congress will maintain the protection of relative stability, with absolute stability provisions not applying.
The draft sets out a list of “unfair practices” that range from “deliberately interfering or interfering with, influencing the development of the company’s activity by calling for gatherings” or “promoting forced and involuntary affiliation of workers,” to “refusing collective bargaining with representatives of the employing party.”
Parity
Regarding joint negotiations, there are new developments as well. Several pages are devoted to organizing meetings. The aforementioned flexibility of granting legal entities leads to the fact that these entities will have the ability to negotiate in joint negotiations.
He explained that “in the case of negotiation according to activity, representation will be for the first-class union or the union organization with a national scope according to the union status granted.”
When either representation refuses to negotiate in “violation of the principle of good faith”, the party affected by non-compliance may request the adoption of measures “conducive to establishing the negotiating table” as well as “strengthening due process”.
The court will order the immediate cessation of the conduct and The non-compliant party may be punished with a fine up to a maximum equal to twenty percent of the total wage bill for the month in which the event occurred.