The Right Of Collective Bargaining In Latin America

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The right of collective bargaining in Latin America


Through the following report it will seek to investigate and deepen the history of collective bargaining in Latin America and Chile, and the relationship between current legislation and the recommendations, studies or background of the ILO. And how they have been implemented in Chile.

Collective negotiation

It is the procedure through which an employer is related to one or more union organizations of his company or with workers who join for this purpose, in order to establish common conditions of work and remuneration for a certain time. Collective bargaining refers to negotiations between an employer and a group of employees to establish employment conditions. The result of this procedure is a collective agreement. In general, unions or other labor organizations represent employees in negotiation.

How long does a collective bargaining last in Chile?

»The workers involved enjoy jurisdiction.»There is the right of workers to declare the strike and the employer to declare Lock-Out, in the terms provided by law.»The instrument that is concluded is called collective contract and must have a duration not less than two or greater than three years.

What types of collective bargaining exist?

Types of collective bargaining existing in labor reform. As for the procedures themselves;We have on the one hand the regulated collective bargaining of company, unregulated collective bargaining, and the collective bargaining of seasonal workers’ unions.

History of collective bargaining in ILO

The preamble of the Constitution of the International Labor Organization of 1919 is the first International Labor Rights Declaration that with the fact that the consecration of labor rights precedes the consecration of civil and political rights, at least in the international level. In June 1948, Agreement 87 of the International Labor Organization, on freedom of association and protection of the right of syndication was approved, being the first fundamental right to be recognized, consecrated and regulated in a specific international treaty. In 1951 the International Labor Organization created the Committee on Freedom of Association, to ensure in this way the fundamental right, being the first right to dispose of an International Control Body, specialized and exclusive. Namely, Agreement No. 98, 1949, on the application of the principles of collective syndication and bargaining right;Agreement No. 135, of 1971, relating to the protection and facilities that should be granted to workers’ representatives, and Agreement No. 151, of 1978, on the protection of the right of syndication and procedures to determine the conditions of employment in employment inPublic administration. All ratified by Chile. In 1998 the International Labor Organization public the declaration on the “fundamental principles and rights at work”, consecrating freedom and the right of collective bargaining as a minimum acceptable floor of civilization. The International Labor Organization estimates that the right to strike is an inseparable conclusion of freedom of association, and that although the aforementioned agreements do not express them expressly, both the Committee on Freedom of Tradeand recommendations have considered that the right to autonomy of workers’ organizations and employers to organize their administration and activities and to formulate their action program established in article 3 of Agreement N.º 87. Consecrating as an object of the organization the promotion and defense of the interests of workers or employers indicated Article 10 of Agreement No. 87, which leads to the unequivocal consequence of the possibility of the appeal of the strike as an essential right of workers andits different types of organization.

The right to strike within collective bargaining

The right to strike has had an evolution in Chilean law consisting of a gradual but constant strengthening, through the elaboration of doctrinal positions both the thesis of the constitutionality block and the dogmatic thesis, the incorporation of international treaties, added to recent reformslegal and changes in jurisprudential trends. Regarding national legislation, the right to strike within collective bargaining is expressly recognized, however, this is a limited right, therefore, it is necessaryWork, the State Internal Security Law and administrative statutes.

The development of labor law has evolved around two bases, individual law and collective law. Regarding individual law, the preponderant role is that of the State through the worker’s protective legislation. Regarding collective law, the fundamental role is based on unions and the use of collective bargaining and the exercise of the right to strike. The latter allows workers to face employers in an equal level. Consequently, the questioning of the right to strike implies questioning about the real negotiation power that workers have within a society circumscribed to a democratic system. As for the strike itself, it is vitally important. It is for such that it is understood that the strike has a polymorphic nature, whose regulation is related to social dynamics, capturing it from different perspectives such as: person’s right, as a natural law, as a social law, as a social fact that goes morebeyond regular labor relations and as a political fact. For this reason, the strike has been, is and will be a contingent and discussed issue in society, to which both business unions and workers have highlighted their legislation and exercise.

International treaties signed and ratified by Chile.

The international treaties signed, ratified by Chile and that are in force acquire relevance, regarding the incorporation of these instruments into Chilean law through the second article 5 of the Constitution that provides that “the exercise of sovereignty recognizes as a limitation the respect for respectto the essential rights that emanate from human nature. It is the duty of the organs of the State to respect and promote such rights, guaranteed by this Constitution, as well as by the international treaties ratified by Chile and that are in force ”. This subsection amended by the Constitutional Reform Law No. 18.825 of August 17, 1989 has been understood by the doctrine that hosts the idea that these international instruments are part of the internal system with a supralegal and constitutional infra range, despite those treaties that deal with human rights acquire the range of constitutional, is thatWe can establish that, through international treaties, the right to strike in Chilean Law has been explicitly incorporated, being consecrated at the constitutional level.

Other international treaties.

The Universal Declaration of Human Rights decrees in its article 23 point 4 "Everyone has the right to found unions and to union for the defense of their interests".

The American Declaration of the Rights and Duties of Man establishes in its article XXI: “Everyone has the right to associate with others to promote, exercise and protect their legitimate interests of political, economic, religious, social, cultural, professional, union orderor any other order.”The International Pact of Civil and Political Rights, of 1966 in its article 22 enshrines. Every person has the right to associate freely with others, including the right to found unions and join them for the protection of their interests. two. The exercise of such right may only be subject to the restrictions provided by the law that are necessary in a democratic society, in the interest of national security, public security or public order, or to protect public health or morals or morals or moralsThe rights and freedoms of others. This article will not prevent the imposition of legal restrictions on the exercise of such right in the case of members of the Armed Forces and the Police. 3. No provision of this article authorizes the States parties in the Agreement of the International Labor Organization of 1948, related to freedom of association and the protection of the right of syndication, to adopt legislative measures that may undermine the guarantees provided for therein or applythe law in such a way that these guarantees may undermine."The American Convention on Human Rights" Pact of San José de Costa Rica ", of 1969, article 16 establishes the freedom of association that in point 1 states:" 1. All people have the right to associate freely for ideological, religious, political, economic, labor, social, sports or other purposes of any other nature.”The International Pact of Economic, Social and Cultural Rights, of 1966 makes an express mention to the right to strike in its article 8 1.d consecrating the following: 15 “1. The States Parties in this Covenant are committed to guaranteeing: d) The right to strike, exercised in accordance with the laws of each country."


The unions are born in the need of workers and the helplessness of their rights, it is in international history where the fundamental right of negotiation through ILO is approved, collective bargaining is the medium where workers through the union canAch agreement on their requests, whether salary increase, benefits, among others, the importance is to represent workers in the rights emanating from the employment contract, whether individual or school, the unions represent the worker affiliated with this in collective bargaining beforeCompanies must ensure compliance and rights that come out through the letter of negotiation, provide help to their associates, channel doubts and needs regarding their work or the company, promote the improvement of employment in general

The union manages to have a jurisdiction of two years before and after negotiation which makes them feel more protected.

If we see what happens in Chile, the labor market is undergoing changes, trade unionism must promote equal opportunities, integration and all segments, equal salaries between men and women, employment protection, before this new negotiation trends have emerged,Different types and ways to increase remuneration such as IPC, or by productivity, schooling bonds, the use of qualifications and evaluations for the promotion or increase of salary, the days of works and extensive shifts waiting for them to be more flexible, occupational health, safety and hygiene among others.

It is also true that thanks to the unions have been achieved in some historical companies such as we can see the milestone of the Walmart company where thanks to collective bargaining they achieved the law that eliminates multirut, benefiting many workers.  

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