Collective bargaining between corporations and trade unions

According to Article 303 of the Labor Code, collective bargaining is the procedure through which one or more employers engage with one or more trade unions or with workers who join together for this purpose, or with both, in order to establish common working conditions and remuneration for a specified period of time.

An effective collective bargaining process is based on proper preparation.

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, in order to establish common working conditions and remunerations for a specific period of time.

In other words, collective bargaining is a constructive process established 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. Creation 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 collective bargaining process will always seek to 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 includes the following services:

a) Development of Negotiation Strategy:

  • Analysis of the labor situation in the company and the political environment in which it operates.
  • 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 Labor Directorate.
  • Defense in court and through administrative procedures that may arise directly from the collective bargaining process.

c) Economic Consultancy:

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

d) Communication Consultancy:

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

It is important to emphasize that proper negotiation can contribute to anticipating possible problems and devising peaceful mechanisms to resolve them in the most positive way possible.

You must bear 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 prevail; this is why we take advantage of energy, using it to focus on solutions capable of translating into benefits for the company and society in general.

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