The collective labor relations They are actions and rights that belong to all employees for the mere fact of being a worker. By contrasting individual work relationships with the relationships that already exist between employer and employee, legal norms and collective bargaining can be mediated.
In the constitutions of many states, the rights have the ability to associate and make a democratic election of those who will represent the workers. These can participate in the development of companies and are recognized as a labor right necessary for all workers and in turn will be represented by delegates and the committee of the business.
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If the representation is union, is linked directly through the union sections and their delegates. The modalities that workers have to participate in the development of the activities of the company can affect collective bargaining and control of conditions labor. In order to understand these dynamics, it is necessary to know and control the development of the available functions and competencies.
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In this article you will find:
Fundamental principles of collective labor law
They are called principles of collective labor law, to legal truths that have a universal value and are designed under the philosophy of law as the basis of common order. These sources of labor law are the complement of the lack of sources of the Constitution and ordinary laws.
These principles are usually governed in all legal matters and legal systems, which are applied in the absence of constitutional and legal principles that are linked to contracts. Some of these principles are:
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Work as a social right and duty
The objective of this principle is to achieve humane and just conditions in the entire population. Every society is entitled to receive work that is useful and honest from its participants.
On the one hand, work is a duty that man has to render his services honestly and efficiently and, on the other hand, the Society is obliged to form favorable living conditions that provide man with the proper development of his activities.
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Freedom and right to work
No person can be prohibited from engaging in the trade, industry, work or profession to which he can adapt. According to this principle, each person has the freedom to choose the job that he likes, depending on his tastes, skills and aspirations.
Equality principle
It is from this principle that there is no distinction between workers, in relation to their race, age, political inclination, sex, creed, social condition or religion. Equality and freedom are two principles that are totally connected, since equality without freedom cannot exist.
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Human dignity
This dignity consists of the conditions that correspond to each person for the mere fact of being one. In the labor sector, people have the right to be treated with the same considerations as employers.
Distinction of existence
The worker must establish conditions that favor his material needs, as well as that of his family, where he can provide an adequate education for his children and ensure that all develop their intellectual, physical and spiritual.
Subjects of collective labor relations
These subjects can be classified as follows:
Patterns
They are the individuals who use the services of the workers. This turns out to be indistinct in labor legislation, since it is a matter of a legal person or a certain civil or commercial society. The objective that interests them is to obtain the service related to obedience.
Collective subjects
In collective relations, unions and companies are found in the collective contract, in the legal contract and in the internal labor regulations. All individual and procedural facts are found in collective law that protects all workers.
These collective labor relations are developed through the worker collectivity and the company, its capacity consists of the set of working conditions that must be applied to the employees of the negotiations that are interested.
The updated legislation establishes that workers have the duty to act under the character of what the collective subject does. It must be represented by the unions that work for the welfare and betterment of the interests of the employees.
Intermediary
It is the person who makes the contracts or participates in the hiring of other people who provide their service to an employer. The intermediation is within the Constitution of the employment relationship.
It refers to a person who agrees with another to assist to work in a company or Establishment, therefore, is the intermediary that carries out the activities of a representative or agent negotiation. At the time that the loan of services begins, the legal provisions and those that are established in the company as long as they do not contradict the rules legal.
Surrogate pattern
When speaking of the replacement of the employer, it is the transfer of a property or one of its establishments, where the person who you have acquired it, you will become the new employer and will have to assume all the obligations, rights and derivatives of the relationships labor. This transfer can be made, as long as it is carried out in favor of the quality of one of the economic units that can continue to function efficiently.
The law establishes that in the replacement of the employer, no condition should arise that interferes with labor relations within the company or establishment. The old employer has to be very responsible with the one who has replaced him, in relation to the Obligations arising from labor relations and the law that have been determined before the deliver.
Employment relationship and employment contract
The employment relationship and employment contract, have a broad kinship, which is related to the extent of the entire application of the labor law and the ties that they develop in a plane that does not have a high level of balance, but in the conditions of the person who lends their service.
All those conditions offered by labor legislation together with the most recent trends doctrinal and legal, can allow employment contracts to be extended in real relations of job.
Despite this, the most recent forms of work, arising from globalization and technological advance, have allowed the doctrine generally have a number of new questions that relate to the subordinate elements that define contracts labor.
