Collective bargaining between companies and unions

According to Article 303 of the Labor Code, collective bargaining is the procedure through which one or more employers engage with one or more trade unions or with workers who join together for this purpose, or with both, in order to establish common working conditions and remuneration for a specified period of time.

An effective collective bargaining process involves adequate preparation.

In other words,collective bargainingis a constructive process framed within labor legislation and designed to address working conditions, remuneration, and relations between employers and workers.

At Wiseplan, we understand that achieving this effectivecollective bargaining processinvolves adequate preparation to understand and evaluate aspects such as:

  1. Analysis of the political labor context in which collective bargaining will take place.
  2. Understand each of the economic scenarios in which collective bargaining will be discussed (optimal agreement, less optimal agreement, breaking point—strike).
  3. Know and anticipate the appropriate tasks for each stage of the negotiation: prior to the presentation of the project, negotiation, period between the strike vote and the moment it becomes effective.
  4. Generation of new proposals that achieve benefits for workers.
  5. Develop a communication strategy that allows us to reach everyone involved in the collective bargaining process through various media.
  6. Ability to reach external actors if they become involved: Labor Department, authorities, parliamentarians, intermediate or national trade union organizations, etc.
  7. Develop an internal and external communication strategy for the entire collective bargaining process.
  8. Providing comprehensive advice that takes into account legal, economic, labor union, communication, social, and political aspects.

A robustcollective bargainingprocess seeks only to benefit both the company and the workers by promoting peace and stability, which contributes to the well-being of society as a whole.

For this reason, our support for companies incollective bargainingincludes the following services:

a)Development of Negotiation Strategy:

• Analysis of the company's labor situation and the political environment it faces.
• Definition of negotiation objectives.
• Analysis of different economic scenarios for the negotiation.
• Recommendations for each stage of the negotiation.

b)Legal Advice:

• Analysis of legal and labor relations within the company.
• Drafting of collective agreements and contracts.
• Legal analysis throughout the collective bargaining process.
• Support at the negotiating table according to guidelines to be defined.
• Presentations before the Labor Directorate.
• Defense in court and administrative proceedings that may arise directly from the collective bargaining process.

c)Economic Consulting:

• Economic valuation throughout the process of offers and counteroffers between the company and the union.
• Development of proposals for salary adjustments and variable remuneration systems.
• Identification of economic and social benefits with a high social impact for workers.

d)Communication Consulting:

• Development of internal and external communication strategies for the entire collective bargaining process.
• Definition of communication messages for each stage of the negotiation.
• Development of communication materials during the negotiation process.

It is important to note that propernegotiation can help anticipate potential problems and devise peaceful mechanisms to resolve them in a positive manner.

Let us remember that freedom of association and the exercise of the right tocollective bargaining provide effective opportunities for constructive and positive dialogue rather than confrontation and conflict. This is why energy is channeled into focusing on solutions that translate into benefits for the company and society in general.

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