The Right And Duty Of The Union

The right and duty of the union

Introduction

A union is an association of workers whose purpose is to ensure the well -being of workers, for good treatment, defend them and negotiate with the employer on wages and favorable working conditions. At present, the Constitution and labor laws achieved freedom of association and allow workers to join and be part of the union groups. According to Supreme Decree N.º 010-2003-TR, workers have the right to form a union and, without distinction and prior authorization, to develop and protect their economic and moral interests. Workers are free to join the unions voluntarily, it is not allowed to force or prevent workers from joining a union. 

Developing

Union members have the freedom to choose their representatives, write their own statutes and administrative regulations, provided that the laws that govern them are not contrary to the laws and. The workers carry out meetings in which the statutes are approved and the Executive Council is elected. A union must be registered with the Labor Authority to confer its legal personality for the purposes provided by law. A union in a company requires a minimum of 20 workers for incorporation and in the case of unions of another nature at least 50 workers are required. 

Collective bargaining is the process of dialogue between workers and the employer, through their representatives, aimed at achieving agreements in remunerative matters, conditions of work and productivity, which regulates the labor relations between said parties.

The negotiations are given in companies, when applied to all workers or of some category, section, or determined establishment. By branch of activity when it includes all workers of the same economic activity. In guild when applied to all workers who work in the same profession, specialty or trade of different companies. 

Collective bargaining begins with the presentation of the claim sheet directly to the employer or through an authority of the human resources area. The deadline for submitting a claim sheet between 30 to 60 days. The stages to be considered in a collective bargaining are: Direct negotiation is the first stage of the procedure that begins the ten days of the presentation of the claim sheet, this claim sheet must be admitted by the Ministry of Labor. At that stage the parties meet to seek a solution to the claim sheet, signing partial agreements or the collective agreement in case a final agreement is reached. 

The conciliation in the stage of the negotiation procedure through which a conciliator applying the principles of flexibility and simplicity must play an active role in promoting the agreement between the parties, with the purpose that they reach a mutually satisfactory solution around the specifications of claim. The arbitration at a stage of the collective bargaining procedure, which is developed as an alternative measure of the strike, consisting of the decision of the parties aimed at a single -person arbitrator or an arbitral tribunal, as the case may be, carry out the so -called arbitration process , through which and having received the final proposal of both parties, it issues an arbitration award that collects in its integrity one of the proposals. 

With the purpose they reach a mutually satisfactory solution around the claim sheet. The arbitration at a stage of the collective bargaining procedure, which is developed as an alternative measure of the strike, consisting of the decision of the parties aimed at a single -person arbitrator or an arbitral tribunal, as the case may be, carry out the so -called arbitration process , through which and having received the final proposal of both parties, it issues an arbitration award that collects in its integrity one of the proposals. With the purpose they reach a mutually satisfactory solution around the claim sheet. 

The arbitration at a stage of the collective bargaining procedure, which is developed as an alternative measure of the strike, consisting of the decision of the parties aimed at a single -person arbitrator or an arbitral tribunal, as the case may be, carry out the so -called arbitration process , through which and having received the final proposal of both parties, it issues an arbitration award that collects in its integrity one of the proposals. The creation of unions in a right that establishes the Labor Law, for the protection of workers’ rights through a union leader who will be in charge of negotiation before the company’s representatives. 

conclusion

We know that currently the end of the unions is primarily beneficiary to workers, but in reality that is not carried out, since their representatives only benefit or sometimes protect the workers in an inadequate way, instead of correcting these Errors enhance them with their actions that impose and do not reach a fair agreement. Collective bargaining due to the characteristics with which the unions are perceived and handled by.