case study 2 speech

case study 2 intro

• uder organic law on trade union freedom repreresnetaiveness is determined according to the % of worker reps a union obtains in workplace elections

• the law dsintuishes between

  • most rep unions which recieve the highest level or legal recognirion and insitutional powers

  • from sufficiently representative unions which recieve more limited recognition within a particular sector or terriotry

  • and ordinary unions which do not meet representativeness thresholds so have limited legal powers

question 1 p1

• under article 6 of the organic law on trade union freedom the catwgory of most representative union gives a union the highest level of legal recognition and the broadest instutional powers

• to obtain this status at state level a union must secure at least 10% of worker representatives nation wide across all functional areas

q1 p2

• in this case the union has achieved 13% representation which exceeds the 10% thershold however this support only exists within one specific functional area of the public secrtor rather than across all sectors nationally

• therefore the union doesnt qualify as most representated as is classified as a suffcient representative union because it has obtain more than 10% representation within a particular functional or georgrpahical area

q2 p1

• at autonomous community level art 7 requires a union to satify two conditions to qualify as a most represntative union: it must obtains at least 15% worker represenatives in the region and have a minimum number of 1500 represenatives overall

• union a satisifies the first cindition because it has 16% in the community however it onky has 1234 reps so it does not meet the minimum numerical requirement. therefore on its own union a cannot qualify

• instead it would be classified as a sufficient represnative union because it exceeds the 10% threshold of representation within its geogrpahical area and recieve intermediate legal recognition

q2 part 2

• union b has 14% representation at state level mening it qualifies as a most representative union nationally since it exceeds the 10% nationwide theshold under article 6

q2 p3

• under article 6.2b LOLS repreentativeness can also extend through affiliation. this is known as the radition of representativeness where affiliated union inherit the representative status of the larger union they belong to

• therefore because union a is affiliated with union b it benefits from union B’s status as a most representative union

• as a result union a is also treated as most representitive and gains the broader egal powers associated with that status including broader participation in collective bargaining, insitutional representation and consilation rights with public authorities

case study 3 intro

• in spain the elctoral procedure for unitary rep is regulated by art 67-76 workers statute and royal decre 1844/1994

• governing work place elections that take place every 4 years and ensure fair representation by calculating representation according to real composition of the workforce and the type of emoloyement contract used

step 1 counting oermanent workers

• permanent employees and fixed term employees with contracts longer than a year are counted fully

• in this case there are 45 p employees, 37 permanent discountious employees and 9 employees on 18 month fixed term contract

• this giving a total of 91 workers

step 2 calcualting short term temporary workers

• workers employed for one year or less are counted according to the number of days worked during the year using the formular total days worked/ by 200

• here 8 temporary workers worked a combined 1947 days, dividing that by 200 gives 9.735 workers

• as you cannot have a fraction of a worker the rule is to round up which gives us 10 workers

• the law also states the result cannot exceed the actual number of temporary workers employed

• as 10 is above the 8 workers the final figure is capped at 8 temporary workers

step 3 combing these figures together

• 91 permanent +8 temporary = gives us a total workforce of 99 emoloyees

step 4 determining how many members in the work council

• under art 66.1 et workplaces with between 50 and 100 emoloyees must establish a works council of 5 members

• therefore because this workplace has 99 employees it will appoint a works council with 5 representatives