Corporate and trade unions collective bargaining

An effective collective bargaining process is based on proper preparation.

Según lo que establece el Código del Trabajo en su Artículo 303, la negociación colectiva es el procedimiento a través del cual uno o más empleadores se relacionan con una o más organizaciones sindicales o con trabajadores que se unan para tal efecto, o con unos y otros, con el objeto de establecer condiciones comunes de trabajo y de remuneraciones por un tiempo determinado.

According to the Labor Code in its Article 303, collective bargaining is the procedure through which one or more employers relate to one or more trade union organizations, or to workers who join together for that purpose, or with one another one, in order to establish common working conditions and remunerations for a specific period of time.

In other words, collective bargaining is a constructive instance framed within labor law and aimed at addressing working conditions, remuneration and the relationship between employers and workers.

At Wiseplan we understand that fulfilling the effective process of collective bargaining involves preparing adequately in order to know and evaluate aspects such as:

1. The analysis of the political labor context in which collective bargaining will take place.
   
2. Understanding each of the economic scenarios in which collective bargaining will be discussed (optimal agreement, less optimal agreement, break-point-strike).
   
3. Knowing and anticipating the appropriate tasks for each stage of the negotiation: prior to the presentation of the project, negotiation, the period between the strike and the moment it becomes effective.
   
4. Generation of new proposals that achieve benefits for workers.
   
5. Developing a communication strategy that allows reaching all the parties involved in the collective bargaining process through different means.
   
6. Implementing specific capacity to reach external actors if they are involved: Labor Directorate, authorities, parliamentarians, intermediate or national trade union organizations, etc.
   
7. Developing an internal and external communication strategy for the entire collective bargaining process.
   
8. Implementing a comprehensive consultancy that considers legal, economic, trade union, communication, social and political aspects.
   
   

A solid process of collective bargaining will always look forward to only benefit both the company and the workers by promoting peace and stability, which contributes to the well-being of society as a whole.

It is for this reason that our support to companies in matters of collective bargaining considers the following services:

a) Elaboration of Negotiation Strategy:

• Analysis of the labor situation in the company and the political environment in which it is faced.
• Definition of negotiation objectives.
• Analysis of different economic scenarios of the negotiation.
• Recommendations for each stage of the negotiation.

b) Legal Advice:

• Analysis of legal-labor relations in the company.
• Elaboration of projects and collective agreements.
• Legal analysis throughout the collective bargaining process.
• Support at the negotiating table according to a specific agenda to be defined.
• Presentations to the Directorate of Labor.
• Defense in court and through administrative procedures which may generate directly from the process of collective bargaining.

c) Economic Consultancy:

• Economic valorization throughout the offers and counter-offers process between the company and a trade union.
• Construction of proposals on re-adjustment in remuneration and variable remuneration systems.
• Identification of social economic benefits of high social impact for workers.

d) Communication Consultancy:

• Elaboration of the internal and external communication strategy for the entire collective bargaining process.
• Definition of communication messages for each stage of the negotiation.
• Elaboration of communication media during the negotiation process.

It is important to emphasize that a correct negotiation, can contribute to anticipation of possible problems, conceiving peaceful mechanisms to obtain solving them in a most positive way.

You must have in mind that freedom of association and the exercise of the right to collective bargaining, provide effective opportunities for constructive and positive dialogue, rather than a different situation where confrontation and fighting prevails; this is why we take advantage of energy, by using it to focus on solutions capable to translate into benefits for the company and society in general.