lesson 4/5 sort of consened

collective autonomy

collective autonomy= the right of trade unions and employers associations to regulate labour relations without state intereference

• normative dimension= making their own binding rules ie collective agreements wihtin the scope of the sector or company

  • enforceable standards on wages working conditios etc

• insitutional= self organise their structure and membership

  • guarantees indpendince in how they functiona nd represent members

• self protection= activties enbaling parties to defend their interests and enforce bargaining positions during disputes

  • strikes and collective action provide practical leverage in conflicts and negotiations

• collectiv autonomy applies to both sides of labour relations unlike trade union freedom which only applies to employees

workers representation

workers act via representatives not indually in labour relations to ensure efficiency and balance of power

• company level= works councils and delegates

  • work place specific matters such as schedules grievances and internal polciies

  • colests form or representation to employees ensuring day to day concerns are adressed with the business

• sectoral level= unions and employers associations

  • set minimum standards across a working sector estbalishing baseline conditions such as wages and working hours

  • ensures consitency and prevents unfair competition based on lower labour standards

trade union freedom

trade union freedom is a fundamental roght of workers only established in the spnaish consitution

• consitutionally guaranteed and cannot be restricted without justification

• it protects

  • the creation of unions= workers can form organisations to represent and defend their interests cl=ollectively

  • joining or not joining union= positive and negative freedom of association

  • unions right to act freely= limitng governmental control over activities and organsisation

• individual dimension= employees right

  • create a union without state autorisation

  • join or not to join union

  • to participate freely in unions ie meetings and strikes

• collective dimension = unions rights

  • to organise themselves internally ie structure governance and membership rules

  • to establish collective action ie collective bargaining, strikes, defend interests to effectively represent workers

• scope of the right

  • workers, public servants and foreigners can excercise freely= broad protection

  • limited right= self employed, unemployed and retired

  • restricted right= police= limitations imposed due to sensetive nature of public order roles

  • completely excluded= armed forces and the judiciary= consitutional restrictions based on security concerns and insitutional indpendance

creation of trade unions

process

• must deposit the bylaws (internal rules of the union) with the state

• publication of the bylaws= making rules of governance and structure publically accesible and transparent

• recieve seperate legal personality to founders after 20 days= indpendant legal entity capable of acting in its own name

• no prior authorisation is required from the state

  • there are only formal adminstrative checks by the state ensuring compliacne wih procedural requirements rathee than approval of susbtance

• the courts carry out a substantive review assessing the legality and validity of the unions operation

  • safeuard against abuse while maintaing indoendance from adminstrative auhtorities

internal organisation

• trade unions must be democratic= requires trasnparent decision making processes so members can influence union polciies and leadership

• must be a 40-60% gender balance esnuing equality and fair representation within leadership roles

• structure:

  • assembly (top)= authority rests with memerbship not leadership elites

    • members forming the highest decision making body where key policies are appeoved

  • executive= the operational link between membership decisions and practical enforcement

    • respinsible for implementing decisions made by the assmebly

    • managing day to day union activities

  • general secretary= coordinating union strategy and acting as primary spokes person

    • leads the union adminstratively

    • represents it externally in negotiations and public engamenetn

financing

• membership fees (main source)= a regular and indpendant stream of income to support activities

  • payroll reductions= membership comes out of wage check with consent of the employee only ensuring respect for idnidual autonomy

• public subsidies/tax relief= financial support to unions from the state in recognition of their insitutional role in labour relations

• hisoteical patrimony= post franco dictatorship restitution for claimed union assets

  • allowing unions to recover or recieve compenation for assets that were consifcated or supressed under the regime

legal capacity and liability

a trade union is a seperate legal person from its members/ founders

• can own property in its own name= hold assets and eupipment for union purposes

• can contract= enter legally bining agreements with employers and service providers

• can sue/be sued= enforce its own or emmbers rights in court or be held accoutnable for breaches

liability of a trade union= accpuntability

• civil matters= union is liable for actions of representatives working in their authorised powers ie accountability on the organisation not indiuals acting on it behalf

  • members only liable for acting outside of their duties where idnduals exceed or abuse authority

• financial= only union assets are at risk protecting indidual members from personal financial exposure

• criminal and adminstrative liability is possible= can face sanctions such as fines or penalties for unlawful conduct

right to join trade unions

• positive dimension= members can join , vote and participate in trade unions and their activities without interference

• negative dimensions= employees cannot be forced to join vote or participate in trade unions= voluntary protecting indidual autonomy

  • any union security clause forcing membership is automatically void and has no legal effect

  • ensures trade union membership remains voluntary and consisten with principles of freedom of association and indivudal autonomy

trade union activities

• individual/members=

  • participation= allowing members ti take part in trade union activities like meetings and strikes

  • expression of views= freely voice opinions, vote and influence decisions

• collective/union as a whole= collective action

  • collective bargaining terms and standards= neogtiate wages working conditions and employement rights on behalf of members

  • strikes= key economic tool to exert oressure on employers

  • elections= ensuring democratic governance through the selection of leadership

  • legal action= allowing unios to defend members right and challenge unlawful practices in courts/tribunals

  • disputes ie negotiation, mediation, courts= avenues to resolve conflicts with employers effectively

protection of trade union freedom

violations of trade union freedom by anyone are null and void

• any act that infringes the right has no legal validity

• treated as if they never occured= requiring the situation to be restored to how it was before the violation took place (restitution)

mechanisms

• adminstrative= fines between 750-225k to deter oters from breaching same right

• judicial= court proceedings allowing affected induals or unions to seek remedies

  • reversal of burden of proof= employers must prove they did not violate

  • fast tracked proceedings for efficiency and to prevent ongoing harm

  • resinstatement/ restitution or compensation

• consitutional= last resort ie when all other remdies have proved unsuccessful

  • an appeal to a consitutional court when fundamental rights are at stake (continous violation)

• criminal= serious violations can lead to criminal liability

  • can be pursued along with other mechanisms at the same time allowing multiple avenues for redress cocnurrently

  • disicrimination ie employers dislcuding members from promotion due to membership

  • obstruction ie employers not allowing a meeting space for members

representativeness

determines trade union scope of powers

• most representative= wide scope of sectoral power influencing an entire industry

  • 10% of representatives nationally or 15% of representatives regionally

  • agreements applied nation/regionally to whole sector= even non union members and employers are bound

• suffcieintry representated= more localised level

  • 10% of representatives in an area

  • agreements can be applied in that area for the whole sector beyond its memerbship within that terriotry

• ordinary union= limited power

  • below other thresholds

  • agreements only applied to members specifically restricting their impact to the employer whom the agreement was negotiated with

effects of representativeness

• collective bargaining power increased to sector wide level= shaping standards across and indursty not just members

• public funding from the state

• insitutional role in labour relations= participation inadvisory bodies consultations and policy making process

• radiation effect= wide scope of power spreads to affiliates beyons the core union

  • (ie if in a fed or confed other members enjoy the scope)

employers associations

represent employers rights

• however is not a fundamental right like trade union freedom

  • meaning employers organisations dont recieve the same heihgtened consiituional protection

• based on freedom of association in the consitution

  • atill tenitled to form and join organisations to protect their collective economic and professional interests

features mirroring trade union

• seperate legal personality= hold property, enter contracts indpendantly from members

• collective bargaining role= negotiate terms and conditions of employement on behalf of member companies

• organisational autonomy= determine own internal rules and structures without external interference

rights

• bargain collectively= negotiate binding agreements with trade unions on sector and industry standards

• represent employers= unfiied voice of businesses

• partake in social dialogue= contribute to consultations with trade unions and the state on labour market policies

• no right to strike but have the equivalent of lock outs= suspend work or deny access to employees during disputes

representativeness

• agreements can have a wider scope extending beyond members to cover entire sectors

• 10% national representation or 15% regional representation

  • not based on number of representatives like trade unions

  • based on the number of companies (members) and the workers emoloyed by those companies

key points

• trade union freedom= employees fundamental right in the consitution

  • does not apply to employers/ employers associations

• collective autonomy= broader right to no state intervention

  • includes employers and employees (unions and associations)

• representativeness= determines the legal power of organisations and the scope of their agreements

• protection of trade unions= high protection through multi level system

  • adminstrative

  • courts

  • consitutional

  • criminal