Author: Laura Valderrama
Regarding the recent filing of the Government of the labor reform project on August 23, 2023 before the House of Representatives that aims to modify the Substantive Labor Code, Law 50 of 1990, Law 789 of 2002 and other labor regulations regarding individual labor relations, job stability, labor income remuneration to the worker, labor formalization, apprenticeship contract, measures of violence and non-discrimination in the world of work, outsourcing and labor intermediation, equity measures and reduction of gender gaps , transition measures of economic and environmentally sustainable societies, trade union freedom and collective rights.
Regarding the broad content of the labor reform, we allow ourselves to relate its most key or relevant aspects in collective law to be taken into account as follows:
Collective Law – Trade Union Freedoms
| Guarantees for the exercise of freedom of association | Guarantees for the exercise of union freedom:The labor reform proposes the following relevant aspects:
v Respect for the rights and guarantees of workers’ organizations freedom of union autonomy, action and expression v Union leaves for representatives and leaders and affiliates paid leaves for union activities (new) v Access to workplaces v Access to information on the economic situation of the company, periodic delivery of a copy of the financial statements and information on workers, forms of employment, without less than the business reserve v Protection against acts of discrimination against workers who do not enjoy union privileges – imposes the burden of proof on the employer that the dismissal is due to objective reasons v Prohibition of anti-union conduct
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| Summary procedure for the protection of trade union rights: | – Workers may go to the labor judge where the events occurred in order to obtain judicial protection for anti-union conduct
– Summative process added to the stages give a total of: (19) days in all stages of the process and a total of 24 days if the second instance court carries out evidence
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| Branches and sectional committees | Reform proposal intends to modify article 55 law 50 of 1990
v Possibility of regulation in the statutes the creation of sectional subdirectives in municipalities other than the main domicile and that have a number less than (25) affiliates v Possibility of regulation in the statutes the creation of sectional committees in municipalities other than the main domicile or the domicile of the subdirective that has a lower number of (12) members v Freedom for industry unions to provide in the statutes for the creation of subdirectives in each of the companies located in a municipality that has less than 25 members and the same rule for sectional committees. v Apply sub-directive union jurisdiction and sectional committees Effects: v Increase in union representation v Increase in union privileges v Increase in labor conflict
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| Workers covered by union immunity
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| Collective negotiation
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v Implementation of a unified collective bargaining process with worker organizations adopting a single bargaining table and a single collective agreement per level
v Collective bargaining exercise at all levels
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| Collective Agreements
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v Prohibition of collective agreements where there is a union at any level
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| union contracts
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v Ban on Union Contracts
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| Strike
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v Regulation of minimum services in essential services
v Requirements of the contractual strike cannot start without the direct settlement and notice procedure having been exhausted v Strike voting adjustments to a simple majority of affiliated workers if they group a third party v Adjustment of the strike vote with the approval of a third of the company’s workers if the union does not bring together a third v Illegality of the strike is only intended to declare the judge illegal in cases of essential public services, it is not peaceful and the two (2) day notice of the strike is not complied with v Possibility of partial strike without majority
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Source:
- Project 166 of 2023C House of Representatives.
