Trade unions

The exploitation of the workers, originated by the methods used at the beginning of industrialization, coupled with the excessive profit motive of the bosses, were the roots of the workers' associationist movement, which sought to equalize forces with respect to the bosses through agglutination. of labor individualities, to demand fairer salary conditions, shorter working hours and, in general, to establish a more equitable social state for the working class.

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1.1.1. Prohibition stage.

The industrial transformation, which first operated in European countries, strictly prohibited the workers' right of association, since the individualist regime saw no justification for workers to associate in defense of their labor interests and it was even classified as a crime in the Penal codes: this stage of prohibition occurred between 1776 and 1810.

1.1.2. Tolerance Stage.

Over time, the state's efforts to ban the right of association were unsuccessful, because trade unions continued to exist. For this reason, in the various countries a stage called tolerance began, in which, without granting any recognition to the right to unionize, it was admitted in fact, without establishing anything regarding the laws issued by the State.

1.1.3. Recognition Stage.

The time of tolerance was followed by one of absolute recognition of the right to unionize. This happened at the end of the 19th century, before the actions of the unions, they managed to get the state to vary its criteria in this regard and to enact laws that openly recognized workers' right to join unions. England was the first country to take the first step in this regard, with the recognition of the right of coalition in 1824, which gave legality to an intense associationist movement that existed in hiding.

1.1.4. The Internationals.

Within the historical process of trade unionism, international ones must also be taken into account, which were calls for trade union organizations.

1.1.4.1. The First International.

In 1862 the International Exhibition was held in London, which had the participation of English, French and Germans; In total, more than 300 labor leaders gathered in the so-called Feast of the Fraternity. In this, solidarity was agreed between the trade unionists of these nations to seek a formal unification that would allow them to acquire great strength. Around 1867, the International showed its strength when the English trade unionists supported the strikes of the French workers economically. The vision of this first International can be summarized as follows: “The economic emancipation of the worker must be the objective of all politics. This is not a local or national problem, it is a social problem ”The first International disappeared in 1870 due to armed conflicts in Europe.

1.1.4.2. The Second International.

In 1889 the Second International emerged. One of the determining aspects of their action was that from the beginning they requested political advice from socialist parties, and this advice was so important that it dominated the political phase of socialism more than the union interests of the affiliates. This organization had up to 12 million members around the world. However, the outbreak of the First World War subjected the workers' organization to a severe test, because despite their unionist sentiments they divided with nationalist sentiment and prepared to support their respective countries in the contest; which caused the disintegration of the Second International.

1.1.4.3. The Third International.

After the war, when peace was established, a remarkable attempt by the trade unionists to integrate the International again was launched and it was achieved until 1919 in Moscow where the organization had a communist court. Trade unionists from 23 countries were signed up. Its main characteristic was that it was openly revolutionary in tendency, and its primary action consisted of fomenting popular discontent and violence with the purpose of transforming, according to the theory into a class struggle, the armed conflict that had ended.

• Overview of the history of unions in El Salvador.

In 1920 the labor law in El Salvador was non-existent. At this time all relationships born of work were regulated by the Civil Code.

During the years 1920-1921, strike movements broke out in some unions, including; bakeries, shoemakers (in this strike a tripartite intervention was favored for the first time: workers, State, employer) and tailors.

Between 1921 and 1924, the strong economic crisis led to the formation of new unions, including carpenters, shoemakers, bricklayers, tailors and even unions of various trades. In 1924 the Regional Federation of Workers of El Salvador (FRTES) was created which later founded, together with similar Federations of Guatemala, Honduras and Nicaragua, the Central American Workers Confederation (COCA. During the Government of Pío Romero Bosque (1927-1931) the FRTS fought important struggles, achieving the enactment of important laws for workers such as:

• Law for the Protection of Commercial Employees (May 31, 1927) Law on the Registration of Workers' and Union Groups, Decree for the Creation of Conciliation Boards (June 15, 1927) Regulation of Working Hours (June 13, 1928)

On December 2, 1931, the Government of Dr. Arturo Araujo was overthrown and General Maximiliano Hernández came to power. On January 21, 1932, a popular uprising took place, which was crushed with blood and fire by the Government of General Hernández Martínez. The balance, although imprecise, of the massacre is 32,000 dead.

The workers and their organizations participated prominently in the uprising, which is why the government unleashes a harsh repression against them. Rights such as the 8-hour shift, holidays, weekly rest, overtime pay, and rights of association and assembly are abolished. Words like "Agrarian Reform" and "Union" are now prohibited.

The Government of General Hernández revives mutual societies, the only type of organization allowed in which employers and workers meet. Sectors of workers participated in these spaces and managed, in some cases, to generate the union embryo in them. The case of the Sociedad de Ayuda Mutua de los Ferrocarrileros, which later became a union, is representative.

In 1944, the civic-military uprising of April 2, was followed by the May strike of that same year, in which General Hernández Martínez was overthrown. This strike totally paralyzed industry, commerce, transportation, educational activities and public administration.

Subsequently, the "National Union of Workers" (UNT) was founded in 1944 with the aim of politically guiding workers in the city and the countryside, that is, as a political party. With the arrival of Colonel Osmín Aguirre y Salinas, the UNT and the union organizations were canceled; as well as the democratic political parties, leaving only the official party of that time called the "Agrarian Party." They returned to massive repression, persecution, torture and imprisonment.

The subsequent years, from 1945 onwards, witnessed the reconstruction of the union movement and university student in the country, in this way the Committee for Trade Union Workers Reorganization (CROSS) arose, which gave an important boost to the popular struggles in the country.

On January 25, 1961, the Military Civic Directory came to power, giving itself new forms of exploitation, increasing massive layoffs and the increase in rural tasks, while these measures were dictated, workers leaders, students and people opposed to the regime were persecuted., with many being imprisoned and exiled.

1.3. Situation of trade union organizations in El Salvador.

1.3.1. Quantitative evolution of trade union organizations.

According to the records of the Department of Social Organizations of the Ministry of Labor and Social Welfare, the number of active unions has increased in all branches of economic activity, with the exception of Construction and Establishments and Insurance.

From 1996 to 1997-98 there was an increase of 31 existing unions, which implies a significant increase. It should be taken into account that these figures do not include unions in a situation of acephaly, that is, they show an increase after discounting non-active unions (see annexes table 1)

As can be seen in table 1, the branches in which there is a greater number of union organizations, in descending order, are: Manufacturing Industry (54); Services (29); Commerce, Restaurants and Hotels (26); Transportation, Storage and Communications (19) and, Construction with 10.

In relative terms, 4.0% of active unions are located in the agriculture branch; in Mining and Quarrying, 1.3%; in Industry 35.8%; in Electricity, Gas and Water, 2.6%; 6.6% under construction; in Commerce, Restaurants and Hotels, 17.2%; in Transportation, Storage and Communications 12.6%; in Financial Establishments and Insurance 0.7% and in Services 19.2%.

Regarding the number of affiliates for 1998, the participation is distributed as follows: 1.0% of affiliates and affiliates are located in the Agriculture branch; in Minas, 4.0%; in Industry 9.9%; in Electricity, Gas and Water, 3.3%; 71.2% under Construction; in Commerce, Restaurant and Hotels 1.7%; in Transportation, Storage and Constructions, 3.0%; in Financial Establishments and Insurance, 0.1% and; in Services 9.4% (see annexes, table 2)

1.3.2. Union Density: Membership / EAP occupied by branch of economic activity

According to the Center for Labor Studies (CENTRA) the data on union membership and the employed EAP are the following:

When comparing the level of union affiliation with the EAP (economically active population) employed in each branch of economic activity, it can be seen that in most branches there is a low union density. For Agriculture, Hunting and Fishing; Exploitation of Mines and Quarries; Commerce, Restaurants and Hotels and; Financial and Insurance Establishments, union density does not even reach 0.5%.

For Services; Transportation Storage and Communications e; Manufacturing Industry is in a range from 2.11% to 3.43%. Construction is the one with the highest union density, with 62.48% of the employed unionized EAP; followed by Electricity, Gas and Water with 45.04% of the employed EAP affiliated to the existing unions in this sector. At the level of the total employed EAP, only 5.34% are affiliated with unions.

This indicator would rise globally and in a greater proportion that of the Services branch, when taking into account the affiliates and affiliates of the different labor associations of the state and municipal sector

1.3.3. Participation of women in trade union organizations.

As in many areas of economic, social and political life, women are in an unfavorable situation compared to men in terms of the levels of participation in trade union activity.

This is due, among other reasons, to: The discriminatory conditions they face in economic activity, especially in terms of employment, household burdens and domination by men, which limit their possibilities to engage in union activities and employment. participation of women in production activities where union organization is extremely difficult, specifically in the maquila.

Table 3 shows the relative level of participation of women in trade union organizations. In 1996 of the total number of people affiliated with the unions, only 8.9% were women (see annexes table 3)

The federation with the lowest relative level of participation of women is the FUGTS, this is explained by the fact that 94% of the affiliation belongs to the Construction branch, an activity that historically has provided little work for women.

The federations in which there is a higher relative weight of women, such as FESTICES, FESINSTRABS, FENASTRAS and FESTES, are those that unite trade unions from commercial activities, maquiladora and sewing, especially in the informal sector that employs a lot of labor female.

1.3.4. Considerations about the current situation of unions in El Salvador.

1. The records of the Ministries of Labor and Social Welfare report an increasing trend in the number of unions and the number of affiliates.

70% of the membership is in the construction sector, which is the branch that defines the trend towards the curve of union membership at the national level. In the other branches there is a high degree of automation of trade union organizations.

1. The low level of participation of women in union organizations is evident, there are branches such as construction where such participation is almost non-existent. Those federations, confederations or centrals that have organizational work mainly in commerce, services and maquila are those that report a higher percentage of participation of women in union activity. One third of the union organizations are not affiliated to a federation. This does not exclude the possibility of being integrated into a central, as is the case of several organizations affiliated to de facto or de jure unions.In order to strengthen the trade union movement, it is important to work with existing organizations in the construction of organizations by branches,but it is also important to develop organizational work in those branches where unions do not exist and which constitute important activities in production and employment. In this case, it would be, for example, the agricultural sector Discussions of common problems by branch of economic activity and training on issues that positively or negatively affect related organizations, can be one of the important measures in the task of establishing the Organizations by branches Given the relationship of various organizations with the International Professional Secretariats, it is important to coordinate actions with these international bodies to facilitate the constitution of organizations by branches. An issue that is very relevant,It is the promotion of actions that allow increasing the participation of women in union activities. This requires raising awareness among union leaders and bases of the right of women to participation and the importance of this for the strengthening of the union movement.

2. Legal framework of trade unions in El Salvador

2.1. Constitution of the Republic of El Salvador.

The Constitution of the Republic of El Salvador, gives very specific guidelines related to the association of workers, such is the case of article 7 of the same that says: "The inhabitants of El Salvador have the right to associate freely and to meet peacefully and without weapons for any lawful object. No one can be forced to belong to an association ”.

This same freedom of association is also expressed in article 47, as well as the general bases of the functioning of the unions are laid down: “Private employers and workers, without distinction of nationality, sex, race, creed or political ideas and whatever their activity or the nature of the work they perform, they have the right to associate freely to defend their respective interests, forming professional associations or unions. The same right will have the workers of the autonomous official institutions.

These organizations have the right to legal personality and to be duly protected in the exercise of their functions.

The special norms for the constitution and operation of professional and union organizations in the countryside and in the city must not restrict freedom of association. Any exclusion clause is prohibited.

The members of the union leaderships must be Salvadorans by birth and during the period of their election and mandate, and until after one year of having ceased their functions, they may not be fired, disciplinary suspended, transferred or impaired in their conditions of employment. work, but for just cause previously qualified by the competent authority "

In addition, from the above, the Constitution of the Republic of El Salvador deals with actions that unions use to obtain their ends, such as strikes and unemployment; This is clearly stipulated in Article 48 of the Magna Carta: “Workers have the right to strike and employers have the right to strike. For the exercise of these rights, prior qualification will not be necessary, after having sought the solution of the conflict that generates them through the stages of peaceful solution established by law. The effects of the strike or stoppage will go back to the moment they start ”

However, article 221 makes an exception: "The strike of public and municipal workers is prohibited, as well as the collective abandonment of their positions"

2.2. International agreements and treaties.

In a second step, after the Constitution of the Republic, are the international treaties, conventions and covenants, which once ratified by the Legislative Assembly constitute laws of the Republic (Art. 144 of the Constitution)

2.2.1. International Covenant on Civil and Political Rights.

Article 22, numeral 1, of said treaty mentions the right to freedom of association.

Art.22.

1. Everyone has the right to associate freely with others, including the right to form and join trade unions for the protection of their interests.

2.2.2. International Covenant on Economic, Social and Cultural Law.

This treaty also mentions freedom of association, as well as freedom of operation without obstacles.

Art. 8.

1. The States Parties to this pact undertake to guarantee:
   1. The right of everyone to found trade unions and to join one of their choice, subject only to the statutes of the corresponding organization, to promote and protect their economic and social interests. No other restrictions may be imposed on the exercise of this right that are prescribed by law and that are necessary in a democratic society in the interest of national security or public order, or for the protection of the rights and freedoms of others. The right of trade unions to form national federations or confederations and of these to found international trade union organizations or to join them.The right of unions to function without obstacles and without other limitations than those prescribed by law and necessary in a democratic society in the interests of national security or public order, or for the protection of the rights and freedoms of others. The right to strike, exercised in accordance with the laws of each country.

2.2.3. Protocol of San Salvador.

Art. 8

1. The States Parties shall guarantee:
   1. The right of workers to organize unions and join the one of their choice, for the protection of their interests. As a projection of this right, the States Parties will allow unions to form national federations and confederations and to associate with those that already exist, as well as to form international union organizations and associate with those of their choice. The

      States parties also permit trade unions, federations and confederations to function freely. The right to strike.

1. No one can be forced to belong to a union.

2.3. El Salvador Labor Code.

In the Labor Code it is the one whose main purpose is to stipulate the rights and duties to harmonize the relations between employers and workers, establishing their rights and obligations. The Second Book of said Code deals with collective labor law and specifically the articles that deal with unions ranging from 204 to 294.

According to article 204 of the aforementioned Code, the following persons have the right to associate freely to defend their common economic and social interests, forming professional associations or unions, without distinction of nationality, sex, race, creed or political ideas:

1. a) Employers and private workers; b) Workers of autonomous official institutions.

That same article establishes that "it is prohibited to be a member of more than one union"

1. DEFINITION of union and unionism.

Union: It is a group formed by workers in order to defend economic, social and professional interests of its members.

Syndicalism: System of worker organization through the union.

1. OBJECTIVES OF THE UNIONS.

The main objective of unions is the defense of workers' rights , and the actions they use to achieve this goal can be classified as immediate and mediate.

The task of the unions is, first, to seek the union of workers to better defend their rights and, second, to achieve better working conditions for their members in collective contracts; the above are considered immediate actions. Meditate actions refer to the transformation of the State with the aim that it provide better living conditions for workers; what becomes actions of a political nature.

Some specific objectives of the unions are:

• A fair wage. Better work conditions. Stable employment for everyone.

1. THE PRINCIPLES OF UNIONISM.

The principles are the fundamental rules that guide the behavior of organizations. If they are broken or not fulfilled, the organization loses its identity and is weakened; then, it becomes increasingly difficult for him to achieve his goals. In this way, it loses credibility with workers and with society. The principles on which the unions are based are:

• Freedom, Trade Union Democracy, Independence, Trade Union Autonomy.

5.1. PRINCIPLE OF FREEDOM.

The principle of freedom refers to the freedom that workers have to join unions (Art. 47 of the Constitution of the Republic and Art. 204 of the Labor Code), this principle can also be interpreted as the fundamental individual right to Every worker, whether or not they belong to the union organization, this principle is found in Article 205 of the Labor Code: “It is forbidden for every person:

1. a) Coerce another to join or withdraw from a union, except in the case of expulsion for a cause previously established in the statutes; b) Prevent the interested party from attending the constitution of a union or coerce someone to do so; c) Discriminating against workers because of their union activities or taking retaliation against them for the same reason; d) Carrying out acts that are intended to prevent the formation of a union or that are aimed at dissolving it or subjecting it to employer control; and e) Attempt in any way against the legitimate exercise of the right of professional association "

5.2. PRINCIPLE OF UNION DEMOCRACY

The principle of union democracy deals with the sovereign power of the majorities, because the union arises from the majority expressed in an assembly; Within the union, the assembly is the highest organ of the union. This principle of union democracy is found in article 207 of the Labor Code, which states: “Unions may not grant privileges or advantages to any of their members. They will be governed invariably by the democratic principles of the predominance of the majority and one vote per person, without any preference being granted by virtue of the amount of the contributions of their members.

Likewise, article 220 of the Labor Code establishes that the government of the unions by the assemblies and boards of directors, despite the highest authority of the union is the general assembly.

The assemblies are divided into general and sectional, and can be ordinary and extraordinary; and its attributions, in addition to those indicated by the Law and the respective statutes, are the following:

The boards of directors will be of two kinds: general and sectional. The generals will be in charge of the direction and administration of the entire union and will have jurisdiction throughout the Republic; and the others only in relation to the respective section by company.

The number of members of the general board of directors may not be less than three nor more than eleven. In the case of an industry or union union, the members of the general board of directors will be distributed in the companies in which the union has members; Consequently, a company cannot have more than six members belonging to the general board of directors.

The number of members of the sectional board of directors per company may not be less than three nor more than seven.

The number of members of the board of directors of the union of several companies may not be less than three nor more than seven, distributed in the companies in question

. PRINCIPLE OF INDEPENDENCE.

The Principle of Independence deals with the formal act of non-connection that the union must have with respect to political parties, the foregoing is ruled in article 229 of the Labor Code.

5.4. PRINCIPLE OF UNION AUTONOMY.

This principle deals with the power of the union to dictate its own rules and whose rule arises from the same condition of autonomy that the union enjoys as a group. This principle is found in article 217 of the labor code, here it is emphasized that unions have the right to freely draft their union statutes, as long as the following is expressed:

1. a) Class, name, object and address of the union; b) Conditions that its members must meet; c) Obligations and rights of its members; d) Disciplinary sanctions and reasons and procedures for the application of the same, and must be respected in any case the right to defense of the accused; e) The amount and frequency of ordinary fees and their payment method; f) The procedure for approving and collecting extraordinary fees; g) Times and procedures for holding ordinary and extraordinary assemblies, regulations of the sessions, quorum, debates and voting.

Ordinary assemblies must be held with a periodicity of not less than one year, prior notice that may not be less than fifteen days. Extraordinary meetings will be held under the conditions established in their statutes, which must provide for their mandatory convocation each time it is requested by at least twenty-five percent of the members;

1. h) Methods of election and renewal of the governing bodies, duration of their mandate, attributions, powers, obligations and responsibilities, causes and procedures for their removal; i) The rules for the administration of union assets and funds, for the issuance and execution of budgets, presentation of balance and issuance of settlements. The presentation and approval of the accounts must be made at least once a year, on the occasion of an ordinary meeting; j) The time and form of presentation and justification of the union accounts; k) Rules for the dissolution and liquidation of the union and procedures for the revision and modification of the statutes; and l) The assembly may adopt other prescriptions deemed convenient for the better functioning of the union.

1. Classification of unionism according to methods or attitudes towards the government.

Union integration and action have led to classifying unionism by its different methods or attitudes. The unionism classes are:

• Revolutionary Syndicalism. Original tendency of the workers' organizations, which is presented as a mixture of anarchism and revolutionary communism, conceives the Government as ineffective in transforming society towards a fairer distribution. That is why he believes in the effectiveness of the strike as a fundamental weapon and, in extreme cases, in the revolution. Communist Syndicalism. The organizations that follow this trend see in the class struggle the means to achieve the structuring of a new Government, in which all sources of production are owned by that Government, which will be more equitable in its distribution and will value that they are the workers the creators of wealth. Communist trade unionism is characterized by constant criticism of the current economic regime. They use sabotage, boycott and strike as means to achieve their purpose.

• Catholic Unionism. The Catholic Church has also participated in union control and for years created a trend, because it feared that the socialist currents would seize the workers' consciences, decided to participate in union integration and proposed to the workers that it did according to Christian postulates. This attempt was accepted in Germany, Italy and Spain. It was assumed that the right of professional association is a natural right and the Government should only recognize it.

• Reform unionism. Opposed to the revolutionary unionism, the reformist unionism appears, which advocated discussion and collective bargaining as means of social reinvention.

1. Classes of unions.

According to article 208 of the labor code, the following types of unions are recognized:

Guild Union: It is one that is composed of workers of the same profession, art, trade or specialty.

Company Union: It is formed by workers who provide their services in the same company, establishment or Official Autonomous Institution.

Industry Union: It is formed by employers or workers belonging to companies engaged in the same industrial, commercial, service, social and other comparable activities.

Union of several companies: It is formed by workers from two or more neighboring companies, each of which has a number of workers of less than twenty-five and that these cannot be part of a union or industry union.

Independent Workers Union: It is constituted by workers who are self-employed and who do not employ any salaried worker, except occasionally.

Constitution of the unions.

Regarding the constitution of trade unions, it is stipulated in articles 208 to 216 of the labor code. Among the most relevant aspects are:

"Art. 210.- Workers over fourteen years of age can join a union or participate in its constitution "

"Art. 211.- Every union of workers needs a minimum of thirty-five members to be constituted and function.

Art. 213.- A Foundation Act must be drawn up from the initial meeting of constitution of a union.

1. a) The date and place of the meeting, the names and surnames of all the constituents, nationality, identity document, address, activity that binds them; b) The name, purpose, class and address of the union. If it is an Industry Union, the name and the economic activities to which the companies where the workers provide their services are engaged must be indicated; c) The appointment of a Provisional Board of Directors, which must include at least one President, a Vice President and a Secretary, being able to designate also provisionally, a Treasurer and a Prosecutor; and d) Any other information that the interested parties deem appropriate.

The interested parties can then request the presence of a Notary Public, or one or more delegates of the Ministry of Labor, who certify the founding act at the same time.

1. Federation and confederations,

According to article 257 of the labor code: “Five or more unions of workers or three or more of employers, can form a federation; and three or more union federations of workers or employers, may constitute a confederation "

1. COLLECTIVE AGREEMENT.

According to article 269 of the Labor Code, the collective bargaining agreement is one that is concluded between one or more unions of workers, on the one hand, and an employer, on the other.

In addition, the same code in article 270 stipulates that in order to exercise the right to enter into a collective contract for the first time, it is necessary that the union have as members no less than fifty-one percent of the workers of the company or establishment.

SPECIFIC ASPECT OF THE OPERATION OF TRADE UNIONS

11.1. Union membership methods.

Union membership methods are:

• Membership visits in workplaces Personalized approach Informative assemblies Membership sheets for members to register others Membership campaigns Awareness workshops Ways of quantifying members by unions.

The ways to quantify members by unions are:

• Through membership cards Official membership record book Through the discount worksheet Members data base Union identification card

11.3. Benefits that workers have when joining a union.

The benefits that workers have when joining a union are:

• Present lawsuits for the benefit of workers, legal assistance. Defense of their labor and human rights. Better salaries. Labor stability. Address labor problems. Ensure respect for their right to work. Financial aid due to death. Recreation.

11.4. Ways in which unions seek to achieve their objectives.

The ways in which unions try to achieve their objectives are:

• Opening of spaces for dialogue with the headlines Carrying out de facto actions: unemployment, marches, agitation, rallies Reporting through bulletins and communiqués Make coherent, objective, real and technical approaches Administrative management Work assemblies Take carry out legal measures Union school.

11.5. Communication mechanisms between the boards of directors and the members.

• Newsletters or periodic communications Visits to the bases in their place of work Informational posters or murals General assemblies Extraordinary meetings

UNIONS AND COMPANIES.

According to James Stoner, unions are a direct action element of the business environment, specifically they are external interest groups for the company. The aforementioned author proposes that when the organization employs unionized workers, as a general rule, the union and the managers resort to some type of collective bargaining to negotiate wages, working conditions, hours, and others.

12.1. IMPACT OF THE UNION ON THE ORGANIZATION.

When a union is recognized and certified as a bargaining agent for its employees, a company may have to use time previously spent on other personnel functions, to negotiate the employment contract and to discuss issues with union representatives regarding its administration. You may also need to keep additional and more accurate personnel records in order to support the company's position during contract negotiations or grievance resolution. Decisions such as those regarding wages, hours, and working conditions, rather than being made unilaterally by the employer, may also have to receive union approval.

In addition, greater care will have to be taken in the development of policies and regulations for personnel to ensure that all employees of the organization are treated in a fair and consistent manner.

Management's ability to resolve problems with employees directly and quickly is likely to be reduced when employees unionize. First-line supervisors are the ones who may particularly find that their relative position and authority have been reduced and their relationships with their subordinates have become more difficult, due to the presence of a shop steward who challenges their decisions.

12.2. TYPES OF STRIKE.

The union strives to exercise greater participation not only at the bargaining table but also through the complaints procedure and through pressure exerted at work in the form of strikes.

The strike is the refusal of employees to work until the company responds to their demands. The types of strike are: Economic, for unfair labor practices and the solidarity strike.

Economic strike: Is that strike occurs because of the inability to agree on the terms of a collective agreement.

Strike for unfair labor practices: It is the strike in which protests are made due to the illegal conduct of the company.

Solidarity strike: It is a strike initiated by a union in support of the strike of another.

12.3. THE VALUATION OF JOBS AND UNIONS.

Different methods can be used to gain acceptance and support from unions for job evaluation programs. The methods used successfully in some groups may not be successful in others. Part of the opposition does not necessarily focus on the valuation of positions as such, but stems from a latent antagonism towards any proposal of the administration. Therefore, both parties that make up the conflict must take a win-win position to reach satisfactory solutions for both. These methods are:

• One of the most effective methods is to establish the participation of the company and the union, from the conception of the idea and through all the steps of its installation and maintenance.

Some of the suggested forms of participation are:

• Have a union representative on the advisory committee Obtain data on positions held Have job descriptions reviewed by employees Participation of union representatives in the actual qualification, verification and classification of positions Help from employees union representatives in classifying employees Inform union representatives about management and control policies If the union initially refuses to cooperate, their acceptance can be obtained through a full and detailed explanation of all the steps taken carried out to reach the final plan Frequent and adequate publicity through the different means used for communication,it's another way to introduce the idea of ​​job appraisal and to keep union members informed of what is being done. When a company is organized, it should direct its advertising writing, both to unionized and non-unionized personnel. Hold meetings where it is explained what is being done in relation to the valuation of positions.

COLLECTIVE BARGAINING.

Collective bargaining is the process by which employers and workers negotiate and administer contracts regarding wages, working conditions, and other aspects of the work environment.

Collective bargaining is made up of three concatenated phases, which are:

1. Preparation, negotiation, administration.

The first phase, preparation for negotiations, is the first and most essential; it may include data collection, and may require many months of painstaking work to prepare. The success of the second phase, the negotiations with the union, depends to a large extent on the preparation that each party has completed in the first phase. The third phase includes the activities to monitor the administration of the collective contract (see annexes, figure 1)

• ASPECTS TO BE TAKEN INTO ACCOUNT BY PERSONNEL MANAGERS TO BE SUCCESSFUL IN THE AREA OF TRADE UNION RELATIONS.

In order for a personnel manager to be successful in the area of ​​union relations, he must consider the following:

1. Knowledge of laws and their interpretation Knowledge of the strategy for collective bargaining Ability to conduct investigations Ability to draft contractual stipulations and documents for arbitration Ability to have effective relationships with union leaders and representatives.

THE COMPANY, THE UNION AND THE GOVERNMENT.

Each of these three parties experiences, to some extent, a certain dependence on the other two (see annexes, figure 2) Both unions and companies depend on the authorities for the effective protection of their legal rights. Businesses depend on unions to achieve their goals of productivity, quality, and sales. Governments, in turn, depend on business to provide employment and economic opportunities to a certain sector of the population.

CONCLUSIONS

Unions and unionism as an organized process for workers to defend their rights, within a company, are an indisputable part of the variables that affect the administration of the companies where they are present; However, shareholders, managers, and heads or supervisors at the operational level must not lose sight of the fact that their main goal is to obtain the objectives proposed by the company, so they must satisfy the needs of the workers through a negotiation that benefits the use of the organization's resources, using negotiation means that facilitate the handling of requests and complaints.

The acceptance and participation of the unions within the job evaluation process is one of the main margins that a company must standardize within its personnel selection and hiring process, by achieving these, effective communication is achieved within company relations -union, also ensuring that the new staff is easily accepted by their colleagues.

Collective bargaining provides guidelines that contribute to an adequate interaction between the worker and the company or body within which they develop. Negotiators must make the most of the tools that this type of negotiation puts at their disposal.

GLOSSARY:

• Communism: Doctrine that aspires to the collectivization of the means of production and the suppression of social classes. Collective labor contract: It is one that is celebrated between one or more unions of workers, on the one hand, and an employer, on the other Strike: It is the refusal of the employees to work until the company responds to their demands. Solidarity strike: It is that strike that a union initiates in support of another's strike. Economic strike: It is that strike that occurs as a result of the inability to agree on the terms of a collective contract. Strike for unfair labor practices: It is the strike in which protests are made due to the illegal conduct of the company. Collective negotiation:It is the process by which employers and workers negotiate and administer contracts regarding wages, working conditions and other aspects of the work environment. Unionism: A system of worker organization through the union. Union: It is a group formed by workers. in order to defend the economic, social and professional interests of its members Company Union: It is formed by workers who provide their services in the same company, establishment or Official Autonomous Institution. Various Companies Union: It is formed by workers of two or more neighboring companies, each of which has a number of workers less than twenty-five and that these cannot form part of a trade union or industry union.It is one that is made up of workers of the same profession, art trade or specialty. Industry Union: It is formed by employers or workers belonging to companies engaged in the same industrial, commercial, service, social and other comparable activities. Independent Workers: It is made up of self-employed workers who do not employ any salaried worker, except occasionally. Socialism: Doctrine that advocates a fairer distribution of wealth and condemns private property.It is made up of self-employed workers who do not employ any salaried worker, except occasionally. Socialism: A doctrine that advocates a fairer distribution of wealth and condemns private property.It is made up of self-employed workers who do not employ any salaried worker, except occasionally. Socialism: A doctrine that advocates a fairer distribution of wealth and condemns private property.

BIBLIOGRAPHY

• "Labor Code" (with incorporated reforms), editor: Lic. Ricardo Mendoza Orantes. El Salvador 1998. Weerther, William B.; "Administration of Personnel and Human Resources" 4th Edition, editorial Mc. Graw-Hill pp. 392-395. Lanham, E.; "Valuation of positions: Objective bases to set salary scales" 10th edition, Mexico DF 1985 pages. 50-53.Cisneros, Miguel Bermúdez; "Labor Law" 2nd edition, Mexican editorial. Mexico 2000. González Rodríguez; “Forms of relationship between the public relations department, the union organizations to minimize and solve labor conflicts” Faculty of Humanities, Technological University of El Salvador. El Salvador 1997.Stoner, James AF and others: "Administration" 6th edition, Prentice-Hall Hispanoamérica 1996, p. 78.Constitution of the Republic of El Salvador (1982) Dessler, Gary;"Personnel Administration" 6th edition, Prentice-Hall Hispanoamérica SA 1996, pags. 568-569.

Web pages consulted:

www.aseprola.org

UNIONS

Contributed by: Boris Burgos - [email protected]

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