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The right to collective bargaining in Latin America
The International Labor Organization, within its objectives proclaims the recognition of freedom of association, considering the declaration of philadelphia, an integral part of the Constitution, proclaims that freedom of expression is essential.
In relation to freedom of association and law collective bargaining, our group agrees that basic norms for union purposes are very important being maintained over time, where the right to unionization and collective bargaining is protected, the workers may constitute their unions.
For Latin America, universally accepted and established principles have been very important for the strengthening of trade union organizations, over all by international pacts on human, civil and political rights, as a group we believe that civil liberty is very essential for normal functioningof union rights, where the worker can express his opinions, protection of his trade union organizations, right to meetings, security against arbitrary detentions and prisons, among other established rights.
For our group it is very important that all the agreements and rights established for collective bargaining are respected and guaranteed a good development of all principles in the relationship between trade union rights and civil freedoms.
We also consider that union rights must be respected and can exercise their negotiations which almost always point to salary improvements and improvement of working conditions, on the other hand it seems very relevant to us the guarantee that organizations of workers and employers have where four rights are recognizedFundamental: Write statutes and regulations, freely choose their representatives, organize their administration and activities, carry out an action program without interference from public authorities.
To obtain a right to collective bargaining in all Latin American countries, a strengthening of union activity is needed, in order to overcome the differences that exist between workers and entrepreneurs. The final objective of the reforms is to strengthen unions and make a set of modifications to collective bargaining that allows the coverage of workers who can exercise this right. In this way where unions obtain a little more negotiation power, it can be understood that the worker is more protected.
Collective bargaining in business reality is a process that always requires a stage of preparation, evaluation and application of the collective agreement, indicating the demands and being clear about the objectives. As for the analysis as a group, we can focus on the significant power that the port union acquired at the national level, which grew very significantly, due to the large number of eventual workers, this in order for the company to be clear about the costs and benefitswhich would be derived in the case of having to accept the points mentioned in a future negotiation as an example: salary clauses, overtime and hours, security, readjustment in remuneration for a turn, among others.
For this reason it is of the utmost importance to generate a negotiation process correctly, with a clear mission of the workers, in pointing out the interests of the workers, this will allow companies to have workers motivated to increase their productivity. Companies of all items must understand that workers are the most important resource of which it counts, therefore, require the fairer compensation to their contribution and effort.
Statistical data on collective bargaining coverage in Latin America
In reference to the information found on statistical data of collective bargaining coverage in Latin America, published by the ILO, 2010, our working group analyzes the following:
In the first place, and without prejudice to the information that is outdated we believe that the average coverage is too low reaching 9%, where Chile presents an average of 9.6%, finding countries with an even lower percentage such as Nicaragua and El Salvador than 3.9% and 4.1% respectively, the above can be understood as the large number of microenterprises and the informal sector that exists in Latin American countries, where there are no unions, in order to develop collective bargaining.
The ILO to promote decent work, sets as a goal an increase in the coverage of collective bargaining in the Americas that must be carried out between 2006 – 2015, but the updated information of collective bargaining is very limited, it is very limited, it isDifficult to meet with official data on agreements and benefits agreed between unions and companies, therefore, it is difficult to prove the degree of compliance with the aforementioned goal.
Collective bargaining have two objectives. On the one hand, it seeks to determine in an equitable way the remuneration of those who work in an organization and on the other hand seeks that workers have the possibility to define through agreements, the rules that structure the relationships between the employer and the employee.
Finally, it was learned that collective bargaining in Latin America for workers promoted improvement in working conditions, achieve benefits equitably and thereby progress in the technological and productive field. For employers, collective bargaining contributed to maintain social peace, and promotes stability in labor relations.