Works councils… defence or defencelessness
Any law or regulation should be constituted to include, in addition to the precise and concrete functioning of what it intends to legislate, the guidelines that allow us to preserve the fundamental rights and obligations established in the rest of the laws that govern us. In other words, a law, by the fact of compliance with it, cannot oblige us to break another law.
In principle, this imprecise and casual definition is something that we do not naturally question. And we may even be convinced that these objectives are the ones that are always taken into account when making a law, rule or regulation.
Thus, for example, the Law of the Statute of Workers (Spain) establishes the right of workers to participate in their company through certain representative bodies, mainly the staff delegates and works councils. It also establishes their competences, the way they are elected, their amount, etc.
Without discussing the details, and as I am sure everyone knows, workers’ representatives are elected every four years by voting from lists of candidates proposed by the trade unions.
Once elected, and this is a very important factor, throughout their term of office, these representatives have the power to sign and negotiate with the company whatever they wish, without the need or formal obligation to consult the workers, as their election implies a delegation of worker representation to them.
It should also be said that both the electors and those elected must be employees of the company, meeting only the minimum age and length of service in the company.
In general, nobody pays much attention to their representatives or works council in a company if everything is going well. This is like what happens with insurance: it is better to spend the extra money but never have to use it, rather than not having it. A strange contradiction perhaps, but indisputable in its practical essence. But as with insurance, when you have to use it, there are often problems and surprises.
Being a member of the works council has disadvantages because of its obligations and advantages because of its rights, or as the law says, because of the guarantees required to protect the development of its activity in defence of workers’ interests.
On the one hand, they cannot be dismissed during the four years of their mandate or the following one. Nor can they be included in any redundancy programme. Unlike the rest of the workers, they also have the right to reply to any labour sanction imposed on them. They have a certain number of free hours per month without justification for their work activity and preference in the company’s training programme.
For the company, its existence also has advantages. The first and reciprocal to that of the workers is to have a concrete and defined body for dialogue and decision-making with the workers. But no one is unaware that it is undoubtedly much easier to “kidnap” the will of 10 members of a works council than that of its 8,000 representatives, to give an example. And therein lies the problem.
Power corrupts, and there is no need to spend dozens of lines here to corroborate this. But, unfortunately, it is a circumstance that is almost consubstantial to the human being and tends to appear as temptation as soon as we add 1 to the loneliness of the individual. And trade union activity is not exempt from these temptations. Trade unions in this country (Spain) move a lot of money, both directly and indirectly. In 2011 alone, they received 18.3 million euros indirect subsidies from the Ministry of Labour, in addition to other income, mainly from the training courses and social and labour insertion programmes they developed (175 million euros in 2010).
And within a company? Well, let everyone draw on their memory and experience and assess the kind of temptations, favours and advantages to which their trade union representatives are subjected and draw conclusions. How many have turned them down, and how many have not.
The worst thing is that at that point, workers in practice can do nothing to demand the highest quality of union representation from their union representatives, just as nothing can be done, to take the example of insurance, to change the conditions of our ill-fated insurance when the claim has already occurred.
We conclude that the system is perverse, and while pursuing healthy and equitable preservation of justice and workers’ rights, once again, human “idiosyncrasy” has taken care to make the most of it for the benefit of itself and a few.
The delegation of workers’ rights, for certain causes and processes of labour disputes, should be able to fall to professionals, we insist, to professionals who are competent and independent in this defence and, above all, completely alien to any possibility of acquiring debts and special favours on the part of the company. In the negotiation of a Redundancy Procedure (ERE), people without a “rucksack” who, among other things, will not take away your job but will not keep it either.
In the same way that when a worker or the company itself is faced with a relevant process that affects their rights, they hire the best quality legal services they can afford, outside the scope of their company in the second case and those they can access in the first case.
Taking CX’s ERE as an example, have they not hired a prestigious law firm as advisors instead of their legal professionals? Does the FROB itself not hire external consultants and advisors for its reports, instead of doing so with its technicians, which it has, and of indisputable quality?
The lives of 2,453 people cannot be left in the hands of 13 people, without the latter having the necessary mechanisms to be able to moderate and express their participation and agreement in the decisions of these few, who do not even have the right to approve the representativeness of those who will sit at a negotiating table, with the excuse of a simple question of union discipline or due obedience for four years.
In civil society, one person can grant powers of attorney to another. Still, just as freely and voluntarily as he or she grants them, he or she can revoke them and render them ineffective.
The problem is not a new one, but just another variant, with the same effects and implications and causes, as the often controversial and discussed Spanish electoral system and its closed lists.
We know that the solution is not simple and that the purpose of raising it should not be considered as a proposal for a grotesque discussion on what we believe to be the privatisation of the trade union function, far from it. But there are certain situations, frequent and in everyone’s memory, which, due to their critical nature in the labour and personal future of workers, the role of trade union representatives is not up to the task in terms of credibility or prestige, nor does it respond to the real needs or the will of the workers.
Source: http://dimesecretillos.blogspot.com/2013/09/comites-de-empresadefensa-o-indefension.html
020 March 2022
/0 Comments/in Newsletter /by Trade Unions TransitionTen measures companies need to take to tackle a pandemic (part 1)
When most countries are fighting a pandemic, the role of companies in this scenario is crucial. As key players in the economy, the social responsibility of companies consists of good corporate governance and, above all, ensuring the safety and proper organisation of all their employees.
At the moment, companies are facing a number of strategic and operational risks, such as a delayed or interrupted supply of raw materials, changes in customer demand, rising costs, logistical reductions leading to delivery delays, employee health and safety protection issues, insufficient workforce or difficulties related to import and export trade.
Based on an analysis of leading business practices in business continuity planning and emergency management, we outline ten measures to deal with this situation.
1. Establish emergency decision-making teams
All companies should have an Emergency Action Team that sets the strategy and objectives of the emergency plan, ensuring that decisions are made as quickly and accurately as possible.
This group should also assess the strengths and weaknesses of the company and its professionals to adjust processes in times of crisis.
2. Assess risks and establish emergency response mechanisms
Many multinational companies have established “emergency contingency plans” or “corporate sustainability plans”, which are usually implemented immediately in the event of a major emergency.
Suppose a company does not have such a plan. In that case, it should conduct a thorough assessment of all risks immediately, looking at its human capital, subcontractors, supply chain, customers and the public sector (governments).
Based on the risk assessment, the company must respond to issues related to office space, production plans, procurement, supply and logistics, personnel security and financial capital, as well as organise other relevant aspects related to emergency plans and division of labour.
3. Establish a positive information communication mechanism for employees, customers and suppliers, and create standardised communication documents.
It is necessary to maintain fluid communication with both internal and external audiences and strengthen customer services. This will prevent negative public opinion.
At the same time, the information system established in the company should be used to collect, transmit and analyse information on epidemics and to issue immediate risk warnings.
4. Maintain the physical and mental well-being of employees
According to a recent survey conducted by Deloitte, 82% of companies state that flexibility at work is currently the most important means of managing professionals.
It is advisable for companies to establish holiday and flexible working mechanisms, using the technical and technological means available to establish non-face-to-face working methods during extraordinary periods.
In addition, the company must establish a system for monitoring employees’ health and keep personal information on their health with a total guarantee of confidentiality.
The company should ensure the safety of working environments by cleaning and disinfecting these spaces, complying with the hygiene management requirements of national and regional public health authorities for periods of serious infectious diseases.
The company should strengthen epidemic safety education, establish proven employee self-protection guidelines and raise awareness of safety and risk prevention.
5. Focus on supply chain risk response plans
Companies usually have sufficient raw materials and different procurement channels to avoid stopping production or restarting production as soon as the quarantine period is over.
In managing inventories, organisations must consider factors such as consumption lock-in, the corresponding increase in financial costs and pressure on cash flow.
At the same time, in industries with long production cycles, organisations should prepare in advance for a spike in consumption when the epidemic has subsided to avoid the risk of insufficient inventory.
019 February 2022
/0 Comments/in Newsletter /by Trade Unions TransitionBelgium agrees on a four-day working week to “give workers more freedom”
The Belgian government has reached an agreement on labour market reform that includes the possibility of concentrating the working week into four days or making working hours more flexible to “give workers more freedom”, as the Belgian prime minister, Alexander De Croo, said at a press conference.
This agreement aims to make the labour market more flexible so that Belgium can reach an employment rate of 80% by 2030. According to the country’s public television (RTBF), it currently stands at 71% and shows “strong regional disparities”.
De Croo explained that they have taken into account lessons learned during the pandemic, where compulsory teleworking has been strongly recommended and has led employees to seek new work-life balance situations.
Right to disconnect and progress on work-life balance
In addition, the deputy prime minister and head of Economy and Employment, the socialist Pierre-Yves Dermagne, has indicated on Twitter that the pact contains “concrete advances for all workers”, such as reinforcing the right to training, better-protecting workers on digital platforms such as Uber or Deliveroo, and providing more guarantees for reconciling professional and family life, thus boosting employment.
In this line, one of the main measures of the agreement is that workers can choose to concentrate their working hours in four days a week to enjoy a day off on the fifth day. Employees will also opt for a variable weekly regime, working longer hours one week and having more time off the next.
Another aspect is the extension of the right to disconnection outside working hours so that workers are not under “pressure to respond to messages or e-mails”.
The worker must request these working arrangements seven working days in advance in both cases. The Belgian press has described this agreement favouring flexible working hours as “interesting in co-parenting situations”. In the case of redundancies, people who have given or received this notice will be able to start working for another company during this period.
In this way, the Belgian pact envisages making it easier for e-commerce companies to provide evening employment, between 8 pm and midnight to protect better workers on platforms such as Uber or Deliveroo. In addition, as explained by the Belgian government, companies will have to present a training plan for their employees every year.
018 February 2022
/0 Comments/in Newsletter /by Trade Unions TransitionOrganisational culture is key to a company’s success
Workers seem to agree that organisational culture affects their motivation, productivity and satisfaction.
A recent Randstad survey revealed that organisational culture is critical to employees. According to this survey, organisational culture greatly impacts the morale, productivity, and satisfaction of a company’s workers. Therefore, in times of crisis such as those of the last two years, when organisational culture has been affected by layoffs and worsening employee conditions, the right thing to do is precisely to strengthen the culture to improve performance and better cope with the crisis. By Catalina Franco R.
Organisational culture has been a recurring theme in human resources analysis and departments. For some, a topic of great importance; for others, a somewhat trite one; and for others, one that is overrated, that does not transcend too much and in which it is not necessary to invest more than necessary.
It is precisely this group of those who do not care much about organisational culture that came to the fore during the economic crisis of the last two years, when it became evident that a significant number of companies focused only on staff and cost cuts to control the budget, almost completely forgetting about organisational culture and well-being within their organisations, which probably had a bearing on the overall business results.
This is according to Randstad’s latest “Work Watch” survey, which claims the organisational culture is key to success. While organisational culture could have been a very effective strategy and the best tool to retain star employees and strengthen their engagement, morale, and productivity during the crisis, companies bludgeon it, making workers feel less and less committed to their work.
The survey was conducted online among more than 1,000 employees over the age of 18.
Agreeing on the importance of organisational culture
The crisis has seen organisational culture take a back seat for companies in difficult times; reflecting its importance does not mean that it is also important to employees, nor does it reflect how relevant it is to them. According to the report, 66% of workers surveyed agree that organisational culture is very important to the success of their companies, 35% believe it has the greatest impact on employee morale, 22% believe it has the greatest impact on employee productivity, and 23% of younger workers (aged 18-34) believe it has the greatest impact on job satisfaction.
And workers do notice when their organisational culture is affected and when managers neglect it: 59% believe that the economic crisis, with all its layoffs and reductions in pay and benefits, had a negative impact on their company’s organisational culture, resulting in demotivation.
According to Eileen Habelow, vice president of organisational development at Randstad, “The elements that build a culture are unique to each organisation. However, there are similar characteristics among strong cultures. Companies looking to change their culture should focus on a few key areas – building employee morale through incentive and training programmes, clearly defining values through mission and vision, establishing strong leaders who set the tone and empower others, and, finally, creating better relationships with both employees and customers.”
To understand the common priorities, the survey asked participants for the most critical elements for organisational culture and found that the first is employee attitude (69%), followed by effective management (64%); strong, trusting relationships (57%); customer focus (55%); high standards of accountability (50%); commitment to training and development (47%); compensation and reward programmes (45%); support for innovation and new ideas (42%); helpful resources, technology and tools (41%); and emphasis on recruiting and retaining outstanding employees (40%).
Organisational culture as a strategy
As mentioned above, the study focuses on organisational culture as an opportunity and as a strategy that can be very effective in improving the current and future conditions of a business, especially if it is facing a crisis or going through a difficult time.
The report stresses that, as the recovery progresses, companies will need to look for ways to improve their overall productivity and performance. To do this, it talks about the possibility of creating improvements in organisational culture, starting with the current culture as a point of reference (being clear about its definition, what it means to employees and what they would like it to be), and then moving on to make the changes that are deemed necessary.
In Habelow’s words, “Companies that will perform well will take care of the factors that make their employees feel happy, engaged at work, more connected to the overall results, and more motivated to make greater contributions. Going forward, companies cannot ignore culture. Instead, it should be considered a critical component of their overall business strategy”.
According to the data revealed by the survey, organisational culture is a fundamental part of how any company operates and is perceived in this way by its employees, making it necessary for a company to take it into account and capitalise on it if it is not to become an aspect that works against the overall bottom line.
, often focused on supporting the most vulnerable who bear a disproportionate share of the burden.
017 January 2022
/0 Comments/in Newsletter /by Trade Unions TransitionThe key OECD policy actions in response to the coronavirus (covid -19)
The covid-19 crisis poses unprecedented challenges for individuals, households and businesses. The top priority is to contain the pandemic and protect people. However, disruption of supply chains, containment measures limiting economic and social interactions, and falling demand are putting people’s jobs and livelihoods at risk. An immediate employment and social policy response is needed. It is essential to reduce workers’ exposure to covid-19 in the workplace and ensure that sick and quarantined workers have financial support. Working parents need support to cover unforeseen childcare needs, as schools are closed, and older relatives are particularly vulnerable. Short-term work schemes can help protect jobs and provide relief to struggling businesses, as seen in the last financial and economic crisis. Workers who have lost their jobs and income, including those in atypical or non-standard forms of employment, need financial support. As companies suffer from a sharp drop in demand, rapid financial support through grants or loans can help reduce liquidity gaps. Recently, many affected countries have introduced or announced bold measures, often focused on supporting the most vulnerable who bear a disproportionate share of the burden.
016 January 2022
/0 Comments/in Newsletter /by Trade Unions TransitionHow to maintain a good working environment in times of pandemic
Maintaining a good working environment in times of pandemic has become a challenge for companies operating in the country due to the instability and uncertainty caused by the health crisis.
Promoting a harmonious atmosphere within an organisation helps to improve performance and the sense of belonging among workers, even more so in times of crisis such as the one we are currently experiencing. In that sense, a good organisational climate promotes the overall well-being of the company and its competitiveness in the market.
Although the lack of interaction within the same physical space has been the main challenge that human resources managers have had to face, it is possible to create a good working environment with the participation of all the elements that are part of the same organisation.
According to a study conducted by Mandomedio, a human capital management company, in several Latin American countries, 55% of the participants indicated that there was a good working environment in their companies during the pandemic. However, 23% indicated that it had become more tense and had communication problems.
To promote a good working environment, it is necessary to implement strategies that will inspire enthusiasm in employees and provide them with security in times of uncertainty. Here are some tips that should be implemented to improve the organisational climate.
Conduct a work climate survey
The first step is to carry out a work climate survey to determine how employees perceive the company during the health crisis. However, it seems that distancing has become an obstacle to this. 62% of Latin American companies have not yet conducted a work climate survey this 2020 (Mandemio).
Knowing the opinion of employees through this study is important because it helps to implement innovative and competitive strategies that will boost the company to overcome the economic crisis.
Promoting internal communication
Work teams must be more connected than ever to face the difficult times we are going through successfully. Physical distance should not be considered an excuse for lack of communication. According to a study conducted by the Randstad consulting firm, the dissemination of messages from the CEO to communicate results (57 %), informal conversations to find out about the well-being of employees (54 %), and the implementation of informative talks (50 %) are some of the activities implemented by organisations to improve the organisational climate during the quarantine.
Therefore, to promote an optimal work climate during the contingency, companies should be attentive to employees to ask them to carry out activities and support them, sharing positive news about the organisation, celebrating achievements, etc. In other words, to become empathetic companies.
Caring for the health of employees
In times of pandemic, it is important to take care of employees’ health. 66% of employees say that human resources managers are not implementing strategies to reduce stress and anxiety levels in work teams (Randstad).
To avoid similar situations, companies should provide facilities for workers to find a balance between their work and family life without affecting their mental health.
Encourage remote recreational activities
Confinement and lack of interaction with co-workers can lead to episodes of stress. One way to avoid this is to promote remote activities where employees can socialise and forget about working hours.
For example, you can encourage meetings through digital channels to share experiences, propose games or watch films and series as a team.
In conclusion, in order to maintain the working environment at this time and generate a positive organisational culture, the participation of the leader and/or leaders of the organisation is key in the process.
015 December 2021
/0 Comments/in Newsletter /by Trade Unions TransitionGood Corporate Governance and Corporate Social Responsibility during the covid-19 health crisis
José Ignacio Olleros
In the current covid-19 crisis, compliance with the duties of diligence and loyalty of the managers takes on special importance, which entails the observance of the best practices of Good Corporate Governance that must be especially observed at this time in defence of the company’s main asset, which it is crucial to protect: the health of the workers.
Among the recommendations to be adopted, I would highlight, firstly, the adoption of measures aimed at ensuring the company’s economic efficiency, precisely to promote profit and its long-term continuity. It is clear that the extension of the deadlines for the preparation and auditing of accounts provided for in Royal Decree-Law 8/2020 is an opportunity available to the managers to reflect on and rectify, if necessary, the initially planned resolution on the distribution of profits finally adopted by the General Meeting of the company given the current economic circumstances and the forecasts for the future. Likewise, the effect of covid-19 as a “post-closing accounting event” for the 2019 financial year is of sufficient importance for its existence, as well as the consequences that may derive from it, to be included in the notes to the financial statements, in the management report and the statement of non-financial information.
Another measure of economic efficiency that should be taken into account in the interests of companies’ proper, transparent, supportive and ethical management is that relating to the containment of the remuneration of the company’s directors. It should be recalled that Article 217.4 of the Law on Capital Companies requires that such remuneration be in reasonable proportion to the company’s economic situation and take into account the company’s long-term sustainability.
Secondly, he stressed the importance of reinforcing the appropriate decision-making procedures of directors, who should be fully committed to the proper dedication and adoption of the necessary measures for the good management and control of the company. To this end, they will be obliged to demand and have the right to obtain the appropriate and necessary information from the company or external advisors that will help them fulfil their obligations. Faced with such an extraordinary and unpredictable situation like the current one, it will be necessary to increase the number of meetings of the administrative body without adhering to the minimum frequency of quarterly meetings stipulated in the Law on Capital Companies. Also, by extension, an increase in the number of meetings of the various committees or working groups reporting to the Management Body should broaden the basis for participation in decision-making. The more people are involved in the action plans established by the Management Body, the greater the motivation and enthusiasm for their acceptance and monitoring by the whole company.
The new regulations recently approved by article 40 of Royal Decree-Law 8/2020 offer the possibility of holding meetings by videoconference or multi-conference, even if the Articles of Association did not provide for this; this may force many companies to hold more efficient meetings than before. Such online resources will undoubtedly be valuable to strengthen decision-making and “close” the approval and signing of minutes more quickly and provide greater traceability and record-keeping of the decisive agreements adopted.
Can we emerge stronger from this crisis? Let us be optimistic: this situation forces us to make decisions under great uncertainty, giving managers new skills and experience that will be very valuable in the future. Of course, it will not be easy to make decisions without taking risks, but let us not forget that the Law on Capital Companies confers a certain immunity to decisions taken at the discretion of directors, provided they are taken without personal interest, with sufficient information and following an appropriate procedure to protect the company’s interests.
This crisis may also constitute a reinforcement of the business ethics that company directors must pursue, always prioritising the greatest good or the least possible evil in the face of the moral dilemmas they face in different areas (insolvency situations, crisis labour proceedings, etc.). Decision-makers should always put themselves in the place of the person who may be harmed by the measures taken. The statement of non-financial information can be more than an ideal instrument for stakeholders to judge the effective assumption by the company of the values of business ethics and Corporate Social Responsibility policies.
Finally, let us not forget that good corporate governance prioritises the interests of society as a whole (customers, suppliers, employees, educational communities, research centres and NGOs) over the interests of shareholders, which will lead to the adoption of increasingly consistent Corporate Social Responsibility policies and the active and voluntary integration by companies of solidarity policies for social improvement, whether it is a large listed company or a small SME in the food sector that wishes to channel its surpluses for social purposes. The adoption of such policies should not be seen as an expense, but as measures that will enhance the good reputation of the company and the trust that stakeholders will be placed in it, as well as sending a powerful subliminal message to the market: that the company is working for the long term.
I would take on board the recent words of the CEO of a large multinational to affirm that it should not be unreasonable for a company to submit annual accounts for approval by the General Meeting with stable or even decreasing financial results compared to the previous year if broader layers of society have benefited. Before the pandemic, it might seem utopian, but the current circumstances will make it possible to reset the system. For, as Robert Bosch said, “It is always better to lose money than to lose confidence”.
Source: https://es.andersen.com/es/publicaciones-y-noticias/buen-gobierno-corporativo-y-responsabilidad-social-corporativa-durante-la-crisis-sanitaria-del-covid-19.html
014 December 2021
/0 Comments/in Newsletter /by Trade Unions TransitionBest practices in corporate governance during the crisis
Rocío Arrarte Avatar
The covid-19 crisis has brought to the fore new problems related to the supply chain, the lack of liquidity or inability to pay short-term debts, and even the difficulties presented by new working practices such as teleworking.
Against this backdrop, the role of the Management Board and that of managers and other key positions in companies has increased. In this way, all the decisions taken by this body create a greater influence on the company’s future, and it is vital to take the appropriate measures to ensure the continuity of the business.
In addition, the importance of the Board’s commitment, its support for Executive Directorship and the need for new profiles in this body have been highlighted, among other practices that should be followed during the crisis and in the post-crisis period. We explain all of these below.
The role of the Management Board
As noted above, the role of the Management Board is key to ensuring the success of any company.
While Executive Directorship must be responsible for taking the initiative and disseminating messages, and must therefore ensure effective communication, the Board is responsible for ensuring that the company has all the necessary skills, bearing in mind that during the crisis, new profiles of professionals have emerged to mitigate the different risks.
Board commitment and involvement
Furthermore, during this period of crisis and uncertainty, it is essential to achieve the full commitment and involvement of the Board members in the Management. This effort will be accompanied by a general meeting at which all processes related to covid-19 and the present and its future effects can be updated.
Board support to the Executive Directorship
In addition to this full involvement, the Board must participate in decision-making related to the company’s survival and may even emerge stronger from the crisis. It should be noted that a series of opportunities accompany every threat, generally hidden, and it is advisable to take the time to analyse these.
Questions to be asked by the Board
Finally, every Management Board needs to consider a number of questions in this crisis. First, has the delegation protocol been reviewed? Secondly, what would be the effects on the company if the CEO or the CIO were to be absent for long periods, and is the company prepared to deal with such events?
Given this situation, the Appointment and Remuneration Committee needs to address succession planning, whether for the President, CEO or other key positions.
In addition, the Chief Executive should be asked about his or her views on the impact of covid-19 in attracting and retaining talent.
On the other hand, what do Directors need to be aware of? Each Board Member needs to fully understand his or her role so that there is no doubt as to when and how he or she should be involved and his or her participation in external activities, communications with third parties, or other related tasks.
Trust between management and shareholders
Fourthly, we emphasise trust between these parties as a fundamental factor, thus ensuring good and transparent communication between them, which should become standard practice.
We point out that, during this crisis, many companies have seen these good relations broken and jeopardised in this period of crisis. In response to this, we recommend holding a meeting to recover or maintain good relations. In this meeting, it is very important to clarify the reasons and repercussions of this trust on the company’s future.
New profiles on the Management Board
During crisis and post-crisis periods, it is necessary to reorient the Board’s activity so that it can respond to the problems of the crisis in an efficient manner. To this end, there are likely no specialists capable of dealing with the new situations that may arise among the people who make up this body.
Therefore, any Board must check that it has professionals capable of solving the different problems presented below:
Finally, it is necessary to have leaders capable of overcoming the obstacle of uncertainty.
In conclusion, we stress the importance of measuring the results of all actions carried out, creating corrections that allow senior management to understand the failures made, thus being able to refine the strategy planned for these periods of crisis and post-crisis. In addition, it must be ensured that the company has the necessary tools to manage change.
Source: https://www.diligent.com/es/gobierno-corporativo-mejores-practicas-crisis/
013 Noviembre 2021
/0 Comments/in Newsletter /by Trade Unions TransitionBenefits and disadvantages of union membership
Are you interested in joining your company’s union but don’t know how convenient it might be for you? With this information, you can make a good decision.
That trade unions end up inside companies that they do not fight for the employees but their personal benefits, that they eventually “sell-out” to the company to make more money, that they are opportunistic or just the opposite that they are of great help to improve the quality of life of workers in a company. Do any of these clichés hold true? In this article, we want to check the integrity or otherwise of these claims.
The truth is that ILO Conventions 87 and 98, the International Labour Organisation, the Labour Code, jurisprudence, some decrees and the Constitution protect the right to establish a trade union. In other words, any worker has the freedom to join, create or organise a trade union without interference from the state or the employer.
A trade union is an association of workers, whether in public or private enterprises. It aims to defend and promote the social, economic and professional interests related to the work activity. The task then is to negotiate on inconsistencies or problems in the company to provide welfare for the employees.
Maria del Carmen Vivas, president of the board of Ansemitra, the trade union of public workers of the Ministry of Transport (Colombia), says that the most important thing about such an association is the working relationship between employer and employee because both parties have the possibility to sit down and work together for the quality of life of the organisation.
“Togetherness is strength; teamwork is the best,” Vivas says. He points to the change of the Ministry’s headquarters, whose deterioration had been ignored by several administrations in recent years, as an achievement. “The building was falling, and we all fought together to get this new headquarters,” he said.
What you should be aware of
People who join a trade union must have the capacity to negotiate because, in the end, it is about maintaining a dialogue between both parties to reach a consensus. A workers’ union should have no fewer than 25 members, and an employers’ union should have at least five employers as independents.
In addition, there are four types of trade unions: company unions, industrial unions, trade unions and trade unions for various trades. On the other hand, the board of directors is the main spokesperson of the union. They are the leaders who represent all employees and look after the needs of the employees.
Benefits
Vivas has been with Ansemitra for 21 years and considers that the best thing about belonging to a union is the personal satisfaction of doing something good for others, being of service and seeing that there are people who are happy with a proactive action that benefits the whole. He also stresses that being involved in these associations allows one to know the problems more closely to work on them and find a solution.
According to Iván Jaramillo, a researcher at the Labour Observatory of the University of Rosario, another benefit is to be part of a democratic mechanism of workers’ representation and the right to strike to be able to pressure through legal channels the agreements for labour improvement.
Another advantage is the protection by entities such as the Attorney General’s Office, the Prosecutor General’s Office, and the public. In addition, you have a union privilege, which means that you have special protection that prevents your employer from dismissing you without authorisation. For that to happen, you must have the consent of the Ministry of Labour.
According to Adriana Montoya, founder of the firm Am Grupo Jurídico S.A.S., there is union protection, which is for people who are part of the association as managers or people appointed in commissions, and circumstantial protection, which covers people who are linked at the time of the negotiation of a list of demands. The former is protected for two years, which is usually the duration of the board of directors plus six months, and the latter is according to the discussion of the list of demands plus six months.
Permits: according to articles 57 and 59 of the Substantive Labour Code, the company is obliged to provide the necessary permits so that the union member can carry out the activities or functions.
Disadvantages
It is a double job because you have to fulfil your activities as an employee of the company and your commitments to the association. Vivas, for example, in addition to being president of Ansemitra, is a lawyer in the legal office.
There are no bonuses, no extra money. The members of the union do not have any financial benefits.
As a member, you may get some kind of discount on your monthly salary. For example, in Ansemitra, workers who belong to Ansemitra are deducted 1%. Although, María del Carmen believes that the contribution should be compulsory for all workers, even if they are not members, “in the end it is a benefit for everyone”.
She has to deal with controversial issues such as parallel payrolls, which have to do with the freezing of direct links with the state, while the number of service contracts for independent workers is increasing so that fewer people could belong to the union and contribute to it.
Jaramillo explains that the importance of a company having a trade union is the possibility of dialogue or collective bargaining so that there is no need to sit down with each worker, as well as the possibility of “having a direct conduit of information on the issue of working capital for production”, which has to do with the comfort of the employees when carrying out their work activities to have a better result in production.
012 Noviembre 2021
/0 Comments/in Newsletter /by Trade Unions TransitionWorks councils… defence or defencelessness
Any law or regulation should be constituted to include, in addition to the precise and concrete functioning of what it intends to legislate, the guidelines that allow us to preserve the fundamental rights and obligations established in the rest of the laws that govern us. In other words, a law, by the fact of compliance with it, cannot oblige us to break another law.
In principle, this imprecise and casual definition is something that we do not naturally question. And we may even be convinced that these objectives are the ones that are always taken into account when making a law, rule or regulation.
Thus, for example, the Law of the Statute of Workers (Spain) establishes the right of workers to participate in their company through certain representative bodies, mainly the staff delegates and works councils. It also establishes their competences, the way they are elected, their amount, etc.
Without discussing the details, and as I am sure everyone knows, workers’ representatives are elected every four years by voting from lists of candidates proposed by the trade unions.
Once elected, and this is a very important factor, throughout their term of office, these representatives have the power to sign and negotiate with the company whatever they wish, without the need or formal obligation to consult the workers, as their election implies a delegation of worker representation to them.
It should also be said that both the electors and those elected must be employees of the company, meeting only the minimum age and length of service in the company.
In general, nobody pays much attention to their representatives or works council in a company if everything is going well. This is like what happens with insurance: it is better to spend the extra money but never have to use it, rather than not having it. A strange contradiction perhaps, but indisputable in its practical essence. But as with insurance, when you have to use it, there are often problems and surprises.
Being a member of the works council has disadvantages because of its obligations and advantages because of its rights, or as the law says, because of the guarantees required to protect the development of its activity in defence of workers’ interests.
On the one hand, they cannot be dismissed during the four years of their mandate or the following one. Nor can they be included in any redundancy programme. Unlike the rest of the workers, they also have the right to reply to any labour sanction imposed on them. They have a certain number of free hours per month without justification for their work activity and preference in the company’s training programme.
For the company, its existence also has advantages. The first and reciprocal to that of the workers is to have a concrete and defined body for dialogue and decision-making with the workers. But no one is unaware that it is undoubtedly much easier to “kidnap” the will of 10 members of a works council than that of its 8,000 representatives, to give an example. And therein lies the problem.
Power corrupts, and there is no need to spend dozens of lines here to corroborate this. But, unfortunately, it is a circumstance that is almost consubstantial to the human being and tends to appear as temptation as soon as we add 1 to the loneliness of the individual. And trade union activity is not exempt from these temptations. Trade unions in this country (Spain) move a lot of money, both directly and indirectly. In 2011 alone, they received 18.3 million euros indirect subsidies from the Ministry of Labour, in addition to other income, mainly from the training courses and social and labour insertion programmes they developed (175 million euros in 2010).
And within a company? Well, let everyone draw on their memory and experience and assess the kind of temptations, favours and advantages to which their trade union representatives are subjected and draw conclusions. How many have turned them down, and how many have not.
The worst thing is that at that point, workers in practice can do nothing to demand the highest quality of union representation from their union representatives, just as nothing can be done, to take the example of insurance, to change the conditions of our ill-fated insurance when the claim has already occurred.
We conclude that the system is perverse, and while pursuing healthy and equitable preservation of justice and workers’ rights, once again, human “idiosyncrasy” has taken care to make the most of it for the benefit of itself and a few.
The delegation of workers’ rights, for certain causes and processes of labour disputes, should be able to fall to professionals, we insist, to professionals who are competent and independent in this defence and, above all, completely alien to any possibility of acquiring debts and special favours on the part of the company. In the negotiation of a Redundancy Procedure (ERE), people without a “rucksack” who, among other things, will not take away your job but will not keep it either.
In the same way that when a worker or the company itself is faced with a relevant process that affects their rights, they hire the best quality legal services they can afford, outside the scope of their company in the second case and those they can access in the first case.
Taking CX’s ERE as an example, have they not hired a prestigious law firm as advisors instead of their legal professionals? Does the FROB itself not hire external consultants and advisors for its reports, instead of doing so with its technicians, which it has, and of indisputable quality?
The lives of 2,453 people cannot be left in the hands of 13 people, without the latter having the necessary mechanisms to be able to moderate and express their participation and agreement in the decisions of these few, who do not even have the right to approve the representativeness of those who will sit at a negotiating table, with the excuse of a simple question of union discipline or due obedience for four years.
In civil society, one person can grant powers of attorney to another. Still, just as freely and voluntarily as he or she grants them, he or she can revoke them and render them ineffective.
The problem is not a new one, but just another variant, with the same effects and implications and causes, as the often controversial and discussed Spanish electoral system and its closed lists.
We know that the solution is not simple and that the purpose of raising it should not be considered as a proposal for a grotesque discussion on what we believe to be the privatisation of the trade union function, far from it. But there are certain situations, frequent and in everyone’s memory, which, due to their critical nature in the labour and personal future of workers, the role of trade union representatives is not up to the task in terms of credibility or prestige, nor does it respond to the real needs or the will of the workers.
Source: http://dimesecretillos.blogspot.com/2013/09/comites-de-empresadefensa-o-indefension.html
011 October 2021
/0 Comments/in Newsletter /by Trade Unions TransitionSocial dumping (types and causes)
By Matías Riquelme
Social dumping is a kind of economic crime that implements unfair competition, whereby companies minimise costs in order to take advantage of the conditions and low wages of workers in underdeveloped countries to achieve lower labour costs of production and thus offer prices that could be highly competitive in the market to maximise profits.
This practice of selling goods and services at low prices is mostly used in international trade and is a bad way to make sales abroad at lower prices compared to those sold in the domestic market, which will help to stay ahead of direct competition.
On the one hand, there is the high protection that developed countries give to all their employees through various measures such as wages, regulation on job security, and compensation for dismissal causes. But, on the other hand, these will be some of the expenses that companies will try to reduce if possible avoid.
On the other hand, there are underdeveloped countries where labour legislation is still in development. In most of these countries, the wages offered are quite low, and the working conditions are set in a much less demanding way, which generates lower costs for companies.
Because of these two situations, multinational companies can move their production from countries that are already developed to countries that are still in the process of development in order to save costs. However, when these cost savings are made due to the bad labour situation, this leads to more competitive prices and social dumping.
Consequences of social dumping
The main social dumping effect in developed countries is the disadvantage of lost business investment, especially in jobs and tax revenue. This is because when they set up in other countries to save costs, these companies reduce the number of employees in developed countries to avoid paying taxes to the state.
In developing countries, the consequence of this effect is the casualisation of labour, i.e. if governments use the lack of labour protection as a lure to attract foreign investors, employees will be without any protection, and companies will be able to use this to lower their costs. This is a situation that can arise because corrupt governments have the authority to prevent workers from claiming their rights.
However, the competition produced by the arrival of many companies in underdeveloped countries may allow for wage increases and improved working conditions for employees.
Classification of social dumping
The types of dumping are classified as follows:
Occasional
It is the occasional loss of sales, which allows price discrimination by the appearance of surpluses in the production of a certain product, in this case, so that the producer does not have an internal imbalance and avoid financial costs included, try to divert these excesses to the international market at low-cost prices, which will help the importing country, to increase its potential.
Predatory
It is determined as unfair competition and as the most damaging way of selling at a loss. It is the sale by the exporter of the foreign production of the market, allowing a loss and at the same time making a profit, thus excluding the competition and setting new prices that will benefit the exporter in the long run.
Persistent
It is the continuation of exporting below prices to increase the opportunity to take advantage of the price flexibility demanded by the domestic market as opposed to exporting.
What is international dumping?
It is a technique that focuses on international markets to make pricing below the real cost at which the company has made an export. This will allow the prices of the product sold are lower in the foreign country than in the country that exported it.
This execution can generate differences since, in many countries, it is forbidden to sell below the actual costs of production. Despite this, there are some exceptions, such as in the case of overproduction or if it is demonstrated that the sale can produce losses by having to sell the product at full manufacturing cost.
Those who defend the market claim that this is of great benefit to consumers because they can get the products at a low cost. However, this is not allowed all the time.
The producers in the country for which the dumped product is destined can lose some credibility by offering their products at higher prices than those brought in from other countries. Dumping can be prevented using high taxes on the products where dumping occurs and can be reported to the World Trade Organisation.