In the absence of a union, employee representatives play a crucial role in promoting and defending the rights and interests of a company's employees. Below, we explain the necessary conditions for electing these representatives, their duties, and the protections they enjoy under current legislation.
Requirements for Electing Employee Representatives
According to the law, in companies with at least 10 employees where no union is present, employees can designate their representatives through a voting process. Representatives are elected by a majority vote of the employees and are protected from any interference by the employer or authorities in this process. Furthermore, an initiative group may create and communicate voting procedures, and the employer is required to support these procedures and inform all employees about them.
Number of Representatives
Representatives must be employed on a work contract basis and be at least 18 years old. The number of representatives varies depending on the size of the company:
- Up to 100 employees: maximum of 2 representatives
- 101 - 500 employees: maximum of 3 representatives
- 501 - 1,000 employees: maximum of 4 representatives
- 1,001 - 2,000 employees: maximum of 5 representatives
- Over 2,000 employees: maximum of 6 representatives
Their mandate is limited to two years and cannot include individuals from the company’s management positions.
Their mandate is limited to two years and cannot include individuals from the company’s management positions.
The primary roles of employee representatives include:
- Contributing to the creation of internal regulations;
- Reporting legal issues to the territorial labor inspectorate;
- Participating in collective labor contract negotiations.
The duration and specific details of their activities are established through a collective agreement or by direct negotiation with the employer.
Protection of Representatives in Exercising Their Mandate
Employee representatives are legally protected, meaning the employer cannot modify or terminate their employment contracts due to activities related to their role as representatives. They are also shielded from any interference by the employer or authorities while carrying out their duties.
Conclusion
Employee representatives provide a viable alternative for employees in the absence of a union, ensuring a safer and fairer work environment. If you need assistance understanding or implementing these procedures at your workplace, consulting a specialist can facilitate the entire process.
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