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Workers have the following rights: Public sector Law No. Employees’ representatives may be elected under the following conditions:.

Those who exercise the functions entrusted by Article 40 of this law are entitled to: Mandatory conciliation is foreseen in Art.

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When a labour dispute arises between the stakeholders and no solution is reached among them, any of the parties shall inform the administrative authority about the conflict in order to start the compulsory procedure of conciliation. Maximum probationary trial period: When an employer decides to dismiss a worker for good cause, notice of the fact must be given in writing with a sufficiently clear indication of the grounds invoked for the termination of the contract.

Excluded from the application of the trahajo on joining trade unions and concluding collective agreements for state workers are: The Chairman of the Council is appointed by the Ministry of Labour and Social Security and the mandate lasts four years. In order to be eligible for trabauo union status”, unions representing a trade, occupation or category must show that they have different interests from the existing trade union or federation, and the latter’s status must not cover the workers concerned.


Prior consultations with trade unions workers’ representatives: The arbitration award will have the same effect as a collective agreement.

For a collective agreement to be binding, it must be approved by the Ministry of Labour and Social Security this is called homologation in terms of Article 4 of the Law on Collective Agreements. The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.

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Representation of all social, technical, professional, sporting, cultural and neighborhood associations at national level. Employer’s obligation to consider alternatives to dismissal transfers, retraining Collective labour agreements concluded within a company or group of companies, shall meet the conditions established in the preceding paragraph and shall be submitted to the authority application for registration publication and deposit in accordance with the provisions of Article 5 of this Act.

Maximum cumulative duration of successive FTCs: Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5. Exchanging of information necessary for the purposes of the examination of the issues under discussion.

Voluntary arbitration is foreseen in Art.

Compensation for unfair dismissal – Legal limits ceiling in months or calculation method: The bylaws shall conform to the trabaji of Article 8, and contain: Where a dismissal is ordered for reasons of force majeure or on account of a shortage or reduction of work that is duly proved to be beyond the employer’s control, the first workers to be dismissed will be those with the shortest length of service.

Security of employment for a trade union representative begins from the time 27044 his or her candidature for a representative fe in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months.


This protection will cease for those workers whose candidature is df officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined. Then under ‘Contract of employment: Subject to appropriate sanctions by law, between the breach of these obligations by either party, the Ministry of Labour and Social Security may give public the situation raised through the appropriate media for this purpose.

Under such circumstances, she should be paid compensation equivalent to one year’s wages in addition to any other compensation required by law arts.

Employment protection legislation database – EPLex

Also, the lists submitted must include women according to these minimum percentage and allows for their election. Participation in tripartite bodies Notification to workers’ representatives: Compensation for unfair dismissal – free determination by court: If the parties fail to reconcile, the authority may propose a conciliatory formula, and for that purpose shall be authorized to conduct research, seek advice from the public agencies or private institutions and, in general, order any measure aiming at more extensive knowledge of the matter.

In recently established enterprises, there is no minimum length of employment. No Notification to workers’ representatives: The employer is in charge of providing evidence that a contract is a fixed-term contract art.

Cotnrato agreement shall be submitted to the Ministry of Labour for approval homlogation.