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Defending the rights of workers.

By Carolina Sánchez Sánchez - December 2005 -

I can not talk much about the subject, do not really know almost nothing of Trade Unions, but thanks to the insistence of my dear Professor of Labour Law I have to translate a personal comment about something you do not know but in order to see how I get the choro.

The little I know of them I know through my classes Labor Law course and what it tells us the LFT. We consulted on the same, there are several types of unions, which have rights and obligations as any Organization. I believe that not all are good enough and they do not really always defend the rights of workers, that it is supposed to exist. I've heard some comments that the vast majority of them are bad and normally acts to the benefit of the Employer or the person who is representative.

Though like all things must exist some that actually engaged in defending the rights of workers, but in reality will be 2 out of 10.

Unions

A union is an association of workers or employers set up to study, improve and defend their interests. Workers and employers have the right to establish trade unions without prior authorization. Nobody can be forced to join a union or not to join him.

Unions have the right to draw up their constitutions and rules, elect their representatives, organize their administration and activities and formulate their programs.

Labor unions can be:

  • Guilds: formed by workers in the same profession, trade or specialty;
  • From company made up of workers who provide services in one company.
  • Industrial: made up of workers who provide services in two or more companies of the same branch.
  • National industry: made up of workers who provide services ina or more companies in the same industry, in two or more states.
  • From various occupations: made up of workers of various professions. These unions may only be formed when the city in question, the number of workers in the same occupation is less than twenty.

The unions of patterns can be:

  • The patterns consist of one or more branches of activity
  • National, the patterns formed by one or more branches of activity in different federal states.

Main characteristics of unions

  • The membership of trade unions workers aged fourteen.
  • Unions must be constituted with twenty employees in active service or three patterns, at least.
  • Unions must register with the Ministry of Labor and Social Security in federal competition cases and the Conciliation and Arbitration in the local competition.
  • Trade unions are not subject to dissolution, suspension or cancellation of registration, by administrative means.
  • Legally constituted unions are legal persons and can accommodate:
    • Acquire movable
    • Acquire real property for the purpose of their institution
    • Defending with all authorities exercising their rights and necessary actions.
  • The employer who employs workers union members will celebrate with this obligation, when requested by a collective agreement.
  • • If the employer refuses to sign the contract, the workers may exercise the right to strike as stated in Article 450.

Not be part of the leadership of trade unions:

  • Workers under the age of sixteen
  • Foreigners.

As mentioned at the beginning of the text I can not talk much about it because I do not know really what the function of each one of them, so I conclude with my comment.


The picture in this article is for illustrative purposes only