by Maybell Padilla Pérez *
In practice, collective bargaining is a process that gives parties conciliatory: Management and union, basically. Through it is given the opportunity to exchange formal promises and commitments, addressing points of view born of the daily life in a given entity, which must be congenial harmony, so that these particulars are not within the loopholes in the law, but require collective bargaining for the rights of workers are adequately protected, without exception, from a worker to an HIV patient ex-prisoners, including the highest degree of specialization of a worker. The collective agreement is an agreement signed by representatives of the Administration, on the one hand, and the union representing the workers, of the other, "to establish the conditions governing the individual and collective labor relations, while the rights and obligations of both parties by the administrative and development activity and initiative of workers, with varying socio-economic relations, also apply to employing entities with foreign investment.
such, collective bargaining is an exchange of promises and commitments, according to criteria, consists of two phases: making promises (contract negotiations) and fulfilled so as to satisfy the commitments made. This involves specifying the reconciliation of interests and to enhance and improve labor relations. The
legal instruments of this important aspect of everyday working life are the Decree-Law No. 229 (April 1st 2002, the State Council), On Collective Bargaining "and Resolution No. 27 of 2002 Ministry of Labour and Social Security (Regulations of the Decree-Law), which is based on substantially the spirit that characterizes it (which replaced the previous legal instrument governing it.)
With collective bargaining, they seek to solve the labor problems that occur in the various entities, especially with regard to gaps and issues not mentioned in legal life, and highly dependent on the daily to be taken account for these peculiarities appear in the negotiation. It is not just expose problems and needs, but, together, reach a consensus as to the commitment to meet these dilemmas, according to the obligations and responsibilities to each concern in its solution. The negotiation process can be described as follows:
• Once completed the development of the project, is presented to workers, the general assembly for analysis, discussion and approval, a term that should be no less than seven days nor more than thirty.
· Of approved the document will be signed by the parties, reflecting the date you enter into force and duration.
· The dispute arose during its preparation can be handled by higher levels, with the participation of stakeholders.
· If detected a violation of the clauses, we will notify the offending party to rectify, if unresolved, will rise to the administration or the union, for its solution.
· The discrepancies in the preparation, modification or review, or that arise during the term of the Collective Bargaining Agreement, shall be submitted to the panel of the National Labour Office, attended by the Central de Trabajadores de Cuba (CTC) and stakeholders.
For all legal purposes, are void the terms and provisions of employment contracts or other documents that contravene or conflict with the agreements of the collective bargaining agreements concluded between the business entities. Considered devoid of legal value contractual links contrary to the law, which revocation shall declare its provincial branches of the National Labour Inspectorate.
collective bargaining agreements may be concluded between two or more legal labor, to adopt agreements to be entered on the duties and rights of the parties involved in them (government and joint venture entities, relevant unions and employer firms). National bodies that are employment agencies may lead to a tripartite agreement.
budgeted units or activities with similar characteristics, allow the Collective Bargaining Agreement when the similarity or similarity of working conditions so warrant, provided it is matter of mutual accommodation, which must be captured between the head of the agency and the national union for prior approval of the Minister of Labour and Social Security.
The term of an agreement is at least a year and a maximum of three, as agreed. During this period You can make additions, modifications and deletions made or under other legal provisions or features of the entity concerned. Its scope covers all workers in the labor organization, union or not, the new entrants and those who subsequently join to work. In the Collective Bargaining Agreement should not miss include:
· Specifications income.
• Promotion and retention of workers labor organization.
· regime of rest, work and occupational hazards.
· Terms wage, stimulation and training.
· Facilities of the union, incorporation courses, seminars and other activities.
Homepage More.
The development of the Collective Bargaining Agreement begins when the parties submit in writing questions to get along, guided by the Manual of Procedures for the Development of Collective Bargaining, without having to copy ", in the legal text general appear related items on labor policy, social and trade union to take into consideration in the negotiation process, including:
• Procedures for admission, retention and promotion of employment.
· Rules, manners and indicators for assessing workers.
· Main jobs.
· Review, dissemination and effectiveness of internal disciplinary regulations, branch or certain categories of workers.
• Procedures to determine whether a worker is qualified.
· relocation of workers.
• Since work by appointment.
· Periods of testing and technical training and professional association
· Policy, development strategy and conditions of trade union cadres to do the job. Association
• Participation in programs to generate new jobs.
• Attention to the worker, in particular pregnant women, young, new workers, retirees and relatives of deceased workers.
• Attention to disabled workers, shelter and contingent workers.
· Facilities justice agencies to work as a basis for its operation.
· Determination of available workers and the causes of work stoppages.
· Work, rest, work breaks and end of the workday.
· Template and qualifiers of charge.
· Systems of wage payment and stimulation.
· Credits and budgets to the workers.
Transportation • collective labor.
· socialist emulation, moral and material.
· Auto Inspection procurement work force.
· Review Card Accrued Salaries and length of service (SNC-2-25).
· Ways to compensate for work on holidays and national commemoration.
· Maximum overtime performed.
° day of closure of payroll and payroll.
· Topics related to ANIR and Science and Technology Forum.
Homepage More than labor policy and wages may be necessary.
Chapter II of this Decree-Law (Enforcement of Conventions, Completion and Resolution of the discrepancies arising in the Development and Implementation) grants the right to request the application of the law with the non-conformity in terms of the Collective Bargaining Agreement, giving knowledge to the panel that covered by this Decree-Law.
this body represents, undoubtedly, one of the key legal instruments of trade union work, provided that this organization is a faithful exponent of the interests of the working class. It is essential that the Collective Bargaining Agreement is drafted properly, without omissions, and its terms must be respected and fulfilled, by management and the union.
not be overlooked that in a system like ours, the union does not represent workers or their interests, so that should work for the working class aware of the provisions of this Decree-Law, so that workers assemblies propose issues not contained in legal regulations or is necessary to reflect, from treatment to HIV-AIDS patient or a former inmate, until a disabled person. If there
recognized independent unions, they could participate in the preparation of those conventions, but as not, it is imperative that workers know their rights and reflect them in collective bargaining, mainly in relation to matters not reflected in the Act or that are typical of that labor organization and, unfortunately, not covered by the agreements are not met, or not claimed by not knowing the ways employees use or the legal arguments necessary to deal with the Administration and the official labor unions.
What is not adequately reflected in the Collective Bargaining Agreement can not be claimed. Everything should be referred to in the text of this document. The different working conditions should be described, for the execution of work, with particular intrinsic to each place, legally reflect that important legal instrument, or to remedy gaps in the law is through this route. A good negotiator
by the association, whether officially or independently, must possess qualities that enable a substantial use of the opportunity it provides collective bargaining, given that this process should aim to be continuously improved to solve the problems. Working life is the one that says where is the problem and what is the solution.
If the negotiator does not know the rights of workers, but meets the conditions set out its role will be zero, so it must be a student of the trustee and labor regulations and be aware of their role as union leader. In practice it is difficult for a person meets such exquisite qualities, for It should work in teams, have their executive and master each one of them his share.
Although the present Decree-Law and has years, there are still companies that are governed by the repealed, which means that there are difficulties. To this is added the lack of many workers and the incompetence of not a few leaders. Among the problems encountered, we noted:
• Lack of knowledge about essential aspects of the Decree-Law No. 229 and Resolution 27/2002.
· unfamiliarity on the part of workers of the main problems affecting them and must be agreed.
· weakness statement union leaders, officials administrative workers, the provisions of both legal instruments.
• Lack of systematic screening of the agreement.
· Disinformation among workers about their rights.
· Poor wording.
· evolutionary clause that do not respond to the problems of the entity, or not met.
Absence of relevant legislation.
· Validity of some of them for more years than required.
• Lack of discussion with the workers.
· Contradictions in the state.
· Lack of labor legislation on their rights and defend them.
Homepage More. Generally
not covered by them:
· Youth workers.
° Male and female workers who have been deprived of their liberty.
° Male self-employed.
· Woman partial disability that is bound to another job.
• Attention to retired women.
· Work of pregnant women and single mothers. Incentive
· women for procreation, to avoid aging that precipitated the Cuban nation. Administrative sanctions
· leaders when a worker suffers a workplace accident for failure to set on the Protection and Occupational Health.
• Elimination of financial penalties, that lower wage workers. Proposition
· within the provisions relating to the administration of labor justice, changes adapted to the conditions of their work.
· Garantización of working mothers who enjoy one-year license, when the child this age and she can not walk into work.
· Stimulation good workers, giving them more days off, especially if you have more than twenty years as workers.
· Grant opportunities for women to fill positions.
Do not discrimination against women because of their color or religion.
· suffering monetary Effect a worker to the child's illness.
· Grant of a cash benefit in service or in kind, a single working mother for reasons that proved unable to do your job, which must appear as stated in the terms of the Collective Bargaining Agreement.
· Entry in the Collective Bargaining Agreement (with the solution to give in these cases) the status of single working mother when she did not perform work outside the home for the care of their minor children.
· Terms labor and environment.
Warranty on media safety and health, and adoption of measures to prevent occupational accidents and diseases.
• Plan of action and prevention program risks, and schedule of medical checkups and specialized.
• Right of the former prison worker, with or without children, to their special status is reflected in collective bargaining.
· Ensure working conditions corresponding to the types of activity in the labor organization, and consistency of its peculiarities in terms of collective bargaining.
· assessment of the conditions and methods of the activities that should be paid leave and unpaid.
"remark of the benefits of self-employed workers in collective bargaining labor entities where they exist, so that they enjoy equal rights with other workers.
"remark of the working conditions of persons engaged in business entities and enjoy total disability pension or have limited work experience a partial disability.
Homepage More emanating from the richness of life.
Well argued, discussed, analyzed, internalized and defended the Collective Bargaining Agreement can become an important tool in the hands of the working class. We think that the Labor Law is essentially dynamic, dialectical, changing every day life.
then?
A collective bargaining is not another way to be or not be.
* Maybell Padilla Pérez: Guantanamera. She graduated from the Universidad de Oriente a BA in History (1973) and Law (1978). She was a professor of law faculties of universities in East and Havana. Specialist in Labor Law. Worked as such in the Cuban Fishing Fleet. Former member of the current Agramontista. He is currently Director of the Bureau of Labor Independent Legal Advice (Bajilan) and Deputy Secretary General of Council of Cuban Workers (CUTC).
0 comments:
Post a Comment