Question: Do companies have a responsibility to promote or respect collective bargaining with respect to the principle of “promoting collective bargaining”? To what extent should a company be proactive in promoting the principle? Is it sufficient to negotiate collective agreements when workers demand it? or should a company also encourage collective bargaining between its employees and in its supply chain? Collective agreements of form, registration and publication must be written; Otherwise, they are annular (Article 4, paragraph 1, Collective Labour Relations Act). They must also be registered and published with the Ministry of Employment and Social Security. Registration is made 15 days after this filing, unless the department has informed the parties of its formal refusal, as is only permitted for the reasons mentioned in the legislation. There is therefore some form of administrative control over certain requirements relating to the creation and content of collective agreements that work by refusing registration. However, since the law does not give administrative authorities discretion over compliance with legal requirements, the system is purely formal. Control of the legality of collective agreements is referred to the courts (Article 43). After registration, the agreements must be published within a fortnight in the Boletim de Trabalho e Emprego (Article 26). This publication is essential at the beginning of its validity. The goal of all union efforts is for your employees to earn the right to negotiate a collective agreement with your employer. However, the existence of freedom of association does not necessarily mean that unions are automatically recognized for bargaining purposes. In particular, in systems where there are a large number of unions, pre-defined objective criteria are needed within the framework of the labour relations system to decide when and how a union should be recognized for collective bargaining. Question: Can you provide guidelines for a protocol on management-worker relations, particularly the elements and mechanisms necessary for a mature industrial relations system? Most countries have legislation or regulations governing the continued recognition of the union and whether existing collective agreements remain in force in the event of closure or transfer of ownership.
National practice can offer some flexibility of application, taking into account the conditions of transfer of ownership, such as bankruptcy.B. Consultation should not be seen as a substitute for collective bargaining. Answer: Collective bargaining can take place at the enterprise, sector or industry level, as well as at the national or central level. It is up to the parties themselves to decide at what level they want to negotiate. According to the ILO`s Freedom of Association Committee, the definition of the level of negotiation is essentially within the jurisdiction of the parties. In a collective agreement, certain management rights are non-negotiable, including the right to run and operate the business, hire, encourage or reduce the workload. In the negotiated agreement, however, there could be a process, outlined by the union, on how these processes should work. Management rights include the organization`s ability to guide staff work and set operational directions. Since an HR professional sits at the negotiating table, it is important to be strategic in the process and to engage the strategic plan with the concessions the organization is willing to make and the concessions that the organization will not make. An extremely important aspect is the limitation of the effectiveness of collective agreements in relation to the individual employment contract.