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Employee representation at company level
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2.3.5.Employee representation at company level


2.3.5.1. Trade union representation within the company

Trade union representation within the company is provided for under Art. 19 et seq. of Law 300 of 1970 (the Workers' Statute). It can be implemented at the initiative of the workers in each production unit if it is associated with:

  • - one or more associations affiliated to one of the confederations which are nationally the most representative;
  • - one or more trade union associations which, though not affiliated to the afore-mentioned confederations, are signatories to national and provincial collective labour agreements applied in the company concerned.

    In companies with several production units, the trade union representatives can set up co-ordinating bodies.

    This provision applies to industrial and commercial firms employing more than 15 people and to agricultural firms employing more than five people.

    Some of the powers of the trade union representatives correspond to those of any other elected representative within a private organisation, but others are exclusive, such as the right of protecting the health and physical well-being of the workers.

    2.3.5.2. The workers' council

    The workers' council is made up of all the corporate trade union representatives or of divisional delegates, office delegates, etc. It has the following powers:

  • - instrumental powers already conferred on the works committee;
  • - powers conferred on corporate trade union representatives by the Workers' Statute;
  • - the right of its members to take leave from work or be temporarily relieved of their duties in order to carry out trade union duties;
  • - the right of collective bargaining at company or production unit level;
  • - the right to call a lawful strike at company level.


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