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This weekend, the Department of Labor and Employment Promotion (MTPE) changed the provisions of the law on collective bargaining, as proposed in Agenda 19.
The measure was given the green light by Supreme Decree No. 014-2022-TP, but what is proposed and what workers will win?
First of all, it is indicated that independent workers will be able to form unions, as well as negotiate and propose a strike.
They can also join unions and train those workers who were subcontracted, that is, who work through outsourcing.
Documents certified by a notary or a magistrate will not be required to register a trade union, as they can now be submitted under oath.
It is also established that workers will have the right to join federations or confederations directly if permitted by the statute.
If there are no unions in the company, workers They must have representatives.
Regarding strikes, the MTPE has determined that if no decision is made within three days, it is considered silence and the strike is allowed.
You won’t need anymore collective bargaining prior to the approval of these strikes, which expands the grounds on which a union can call a strike.
In the event of a strike, the company cannot allow employees to go to work during the strike or replace any striking employees with employees who go to work.
In the absence of an agreement between the parties, it is indicated that the essential provisions declared by the employer do not come into force. MTPE indicates that both sides must now agree on key positions businessOtherwise, they will be determined by the ministry.
In addition, unions will now be able to determine when union leave days are used.
Another change introduced by the MTPE is that workers will now be able to request before they start Negotiation statement of financial position (balance sheet), income statement (income statement), statement of cash flows and statement of changes in equity of the company, information that was previously presented when there was no agreement after negotiations have already begun.
The decree also added that collective bargaining agreements reached by unions can only apply to their members and cannot be extended to other employees at the discretion of the company, as they believe that this encourages company employees not to want to unionize.
Source: RPP
I am Dylan Hudson, a dedicated and experienced journalist in the news industry. I have been working for Buna Times, as an author since 2018. My expertise lies in covering sports sections of the website and providing readers with reliable information on current sporting events.