Collective bargaining: Rights, strategies, and common mistakes to avoid

Collective Bargaining: Rights, Strategies, and Common Mistakes to Avoid

Collective bargaining is a fundamental right of workers in Ecuador and a key process for establishing fair working conditions. However, both employers and workers can make mistakes that generate conflicts or legal sanctions. Below, we discuss your rights, effective strategies, and the most common mistakes to avoid.

What is collective bargaining and who can participate?

Collective bargaining is the process by which workers, through their organizations (unions or committees), agree with the employer on working conditions such as wages, hours, and benefits. It is supported by the Ecuadorian Labor Code and the Constitution. The following can participate:

• Legally constituted trade unions.
• Works councils.
• Legal representatives of the employer.

Key rights in collective bargaining

Workers have the following rights in the collective bargaining process:

• The right to organize and form trade unions.
• The right to negotiate fair working conditions.
• The right not to be dismissed for participating in the process.
• The right to resort to mediation or arbitration if there is no agreement.

Effective Strategies for Successful Negotiation

To conduct effective collective bargaining, consider the following strategies:

• Prepare a clear and substantiated proposal.
• Promote dialogue and transparency.
• Rely on specialized legal advice.
• Prioritize strategic points, not negotiate everything at once.
• Document each stage of the process.

Common mistakes to avoid

Avoid the following mistakes during collective bargaining:

• Not knowing the current regulations.
• Imposing conditions without real negotiation.
• Not formalizing agreements in writing.
• Initiate illegal strikes without exhausting the process.
• Acting without legal advice.

Conclusion

A well-conducted collective bargaining improves the work environment, strengthens the company and protects fundamental rights. It is essential to have the right advice to prevent conflicts, structure viable proposals and comply with the law.