Employment law
Trade Unions and Representatives: Subtleties
1. Trade union representatives have legal personality and may bring legal proceedings.
Staff representatives do not have legal personality and cannot take legal action.
2. The trade union’s activities may extend beyond the company (trade union alliances with other committees)
The activities of staff representatives are limited to the company and the labour authorities (Labour Inspectorate).
3. The trade union represents and defends the interests of its members through collective bargaining (collective agreements or company-level agreements). It may be involved in the management of labour disputes.
Staff representatives propose measures to improve the organisation’s performance and are kept informed of and involved in the management of all collective and individual labour disputes.
4. The election of staff representatives is mandatory for the employer where the conditions are met
The establishment of a trade union is optional but may be requested by the workers.
NB: Both bodies may coexist within an organisation and their roles may be combined.
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STAFF REPRESENTATIVE |
TRADE UNION REPRESENTATIVE |
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Conditions for establishment |
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- Mandatory for the employer;
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- Not mandatory but may be established at the request of the workers; |
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- Organised by the employer
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- Established by the workers themselves without the employer’s mandatory involvement |
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Responsibilities |
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- To present all employees’ grievances to the employer; |
- To assess the economic, social and moral interests of the workers; |
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- Referring matters to the labour inspectorate; - Monitoring compliance with legislation (health and safety) |
- Defend these interests through industrial negotiations and the conclusion of collective labour agreements |
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- Make useful suggestions to the employer |
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Term of office |
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- Term of office: 1 year, renewable indefinitely |
- Term of office: 3 years, renewable indefinitely |
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Scope of powers and status |
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- The performance of duties is limited to the context of the company and labour administration; |
- The scope of activities extends beyond the company and its administration; - They have legal personality and may be a party to legal proceedings; |
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- They do not have legal personality and cannot be a party to legal proceedings |
- They may have assets |