RELACIONES LABORALES RELACIONES LABORALES RELACI LABOR MEDIATION.

RELACIONES LABORALES RELACIONES LABORALES RELACI

LABOR MEDIATION LABOR MEDIATION

I. LABOR RELATIONS SYSTEM AND THE LABOR CONFLICT

THE CONFLICT IN LABOR RELATIONS HAS SPECIAL CHARACTERISTICS THAT LEAD TO ITS LEGAL AND SOCIAL RECOGNITION.

ALL THE RULES, INSTITUTIONS AND SOCIAL PROCESSES AT WORK ARE CALLED SYSTEM OF LABOR RELATIONS.


AWARENESS OF THE REALITY OF THE LABOR CONFLICT AT THE ROOTS OF THE SOCIETY AND OF ITS FUNCTIONALITY IN IT.

AWARENESS OF THE PRIMARY ACTORS OF THE CONFLICT –AND OF THEIR ASSOCIATION- AS PERSONS ABLE TO REACH A SOLUTION THROUGH NEGOCIATION.


LABOR RELATIONS SYSTEM AND LABOR CONFLICT

II. INSTITUTIONAL AIM

CONTRIBUTE TO THE MODERNIZATION OF THE LABOR RELATIONS AND TO MAKE THEM MORE EQUITABLE, ENSURING THE LAW COMPLYMENT, PROMOTING THE CABILITY OF THE PARTIES INVOLVED TO REGULATE THEM ON A BASIS OF COLLECTIVE AUTONOMY AND THE DEVELOPMENT OF THE RELATIONS OF EQUILIBRIUM AMOG THE ACTORS, FOR THE DEVELOPMENT OF THE COUNTRY.


THE AIM OF THE INSTITUTION DIRECTS THE SEARCHING OF MORE EFFICIENCY AND EFFECTIVENESS OF THE DIRECCION DEL TRABAJO TO CONTRIBUTE TO THE DEVELOPMENT OF THE LABOR RELATIONS IN OUR COUNTRY, UNDER PRINCIPALS OF EQUITY, AUTHONOMY AND RESPECT.

TO PROMOTE THE COLLECTIVE AUTHONOMY, SEARCH TO ENCOURAGE AND FAVOR A COOPERATIVE WORKING BASED ON MUTUAL RESPECT AND ON THE VALUE ADDED TO THE CREATIVE CONTRIBUTION OF WORKERS AND EMPLOYERS.

ROLE OF THE DIRECCION DEL TRABAJO (LABOR INSPECTION AGENCY)


THE DIRECCION DEL TRABAJO WAS CALLED AS THE INSTITUTION TO GIVE A TOOL TO SOLVE THE COLLECTIVE LABOR CONFLICTS TO THE SOCIETY. IT HAS FACULTIES ESTABLISHED ON ITS ORGANIC LAW TO DO SO.

THE CREATION OF ALTERNATIVES TO PREVENT AND SOLVE THE CONFLICTS SEARCHES TO GENERATE AGREEMENTS IN A RAPID, RELIABLE, CHEAP AND APPROPIATE WAY ACCORDING TO THE CURRENT CHANGES.


ROLE OF THE DIRECCION DEL TRABAJO


ON THE 30TH JANUARY 2002, A SYSTEM OF ALTERNATIVE COLLECTIVE LABOR CONFLCIT’S RESOLUTION SYSTEM WAS CREATED IN THE DIRECCION DEL TRABAJO CALLED LABOR MEDIATION.

THE SYSTEMOF LABOR MEDIATION OF THE DIRECCION DEL TRABAJO DEPENDS FROM THE OPERATIVE AREA, SPECIFICALLY FROM THE DEPARTMENT OF LABOR RELATIONS.

III. LABOR MEDIATION

IT IS A MODEL OF CONFLICTS RESOLUTION WHERE THE PARTIES SEARCH SOLUTIONS HELPED BY A THIRD FAIR PARTY ACTING AS MODERATOR TO FACILITATE THE COMMUNICATION.

WHAT IS MEDIATION?


INSTITUTIONAL BACKGROUND

PERMANENT ACTING OF THE DIRECCION DEL TRABAJO BY PREVENTING AND SOLVING LABOR CONFLICTS THROUGH ITS GOOD OFFICE, ACCORDING TO ITS FACULTIES ESTABLISHED IN ITS ORGANIC LAW

THE DEFINITION OF A NEW INSPECTION PROCEDURE CLEARLY ESTABLISHING A MAINLY INSPECTIVE PROCEDURE


INSTITUTIONAL BACKGROUND

THE NEED OF THE DEPARTEMNT OF LABOR RELATIONS IN COMPLYING WITH ITS AIMS AND ASSUMING THE BEFORE MENTIONED ASPECTS TO PROMOTE THE INSTITUTIONALIZATION OF AN LATERNATIVE CONFLICT’S RESOLUTION SYSTEM IN THE DIRECCION DEL TRABAJO.

LABOR REFORMS: RELEVAMIENTO A TO THE UNION’S AUTHONOMY PROTECTION OF THE UNION’S LIBERTY, BROATHER FORMS OF COLLECTIVE NEGOTIATION AND RESOURCE OF GOOD OFFICE BY THE LABOR INSPECTORATE IN CASES OF APPROVED STRIKES.


PRINCIPLES OF LABOR MEDIATION

INTEGRAL: NEW OPERATIVE LINE AND COMPLEMENTARY TO OTHER SERVICES OF THE DIRECCION DEL TRABAJO

VOLUNTARY: THE PARTIES FREELY DECIDE TO INTEGRATE AND STAY IN THE PROCESS

FLEXIBILE: THE MEDIATOR AND PARTIES ARE COMPLETELY FREE TO ESTABLISH THE RULES AND MECHANIC OF THE PROCESS

EQUITABLE AND COST-FREE: EVEN AND FREE ACCES FOR THE PARTIES

INMEDIATION OF THE PARTIES: EXPRESSED THROUG THE ABILITY OF THE PARTIES TO NEGOCIATE AN AGREEMENT WITH THEIR ACTIVE INTERVENTION, SEARCHING TO COMPROMISE THEM IN THE SOLUTION OF THE PROBLEM


PRINCIPLES OF LABOR MEDIATION

IMPARTIAL AND NEUTRAL: THESE CHARACTERISTICS ARE FROM THE MEDIATOR AND FROM THE INSTITUTION OF MEDIATION

SELF-COMPOSITION: ALLOWS THE PROTAGONISMOF THE PARTIES SEARCHING FOR SOLUTION OF THEIR PROBLEMS THROUGH THEIR OWN WILL

LEGAL: BASED ON THE CURRENT RULES OF LABOR LAW, CAREING FOR THE VALUES OF JUSTICE, EQUITY AND COMMON WELLNESS



FORMS TO START MEDIATION

REQUESTED OR ASKED BY A PARTY: ACTING REQUIRED BY ANY PARTY INVOLVED IN THE CONFLICT

BY OFFICE: THE OFFERED BY THE INSTITUTION

A) PROGRAMMED: FOCUSED ON CONFLICTS PREVENTIONB) REACTIVE: THE OFFERED WHEN AKNOWLEDGING AN EVIDENT CONFLICT OR CONTROVERSY

TO INCORPORATE IN LABOR RELATIONS A CULTURE OD DIALOG AND COLLABORATION PACIFICALLY SEARCHING AGREEMENT AND SOLUTION OF COLLECTIVE CONFLICTS

TO CONTRIBUTE TO THE ARMONIC DEVELOPMENT OF THE LABOR RELATIONS

TO REACH THE EFFECTIVE USE OF THIS TOOL THROUGH EDUCATION AND DIFUSION

TO SEARCH FOR A CULTURAL CHANGE ALLOWING TO POWER SELF-REGULATION ANS SELF-COMPOSITION OF THE PARTIES

AIM:


A MECHANISM OF SOLUTION AND PREVENTION OF COLLECTIVE SOLUTION AND PREVENTION OF COLLECTIVE LABOR CONFLICTS

A GROUP OF OFFICIALS SPECIALLY TRAINED IN MEDIATION TECHNIQUES, DISTRIBUTED ALONG THE COUNTRY

AN ALTERNATIVE WAY TO TREAT LABOR CONFLICTS

WHAT IS OFFFERED?


EMPLOYERS AND GROUPS OF WORKERS ORGANIZED IN UNIONS OR AS GROUP AFFECTED BY A COLLECTIVE LABOR CONFLICT OF ANY KIND

WHO CAN USE MEDIATION?



IV. LABOR MEDIATION AND INDIVIDUAL CONCILIATYION CENTERS

REGION METROPOLITANA(FOUNDED IN JANUARY 2003

IX REGION 2nd SEMESTER 2003

V Y VIII REGION2nd SEMESTER 2003


NEW ATTENTION MODEL

AN OTHER WAY OF DOING PUBLIC SERVICE

BETTER CUALITY OF THE SERVICES

ANS ATTENTION STANDARD TO USERS/CLIENTS

V. RESULTS CASES OF MEDIATIONYEAR 2002

P rocess not finished, mediator withdrawal

8%

NO AGREEMENT22%

AGREEMENT70%


RESULTS ACTS OF GOOD OFFICEYEAR 2002

No agreement27%

Waiver2%

Agreement71%



CASES - ACTIVITY SECTORYEAR 2002

Services26%

Agriculture, fishing

3%Mining

3%

Finance6%

Transport, Communications

9% Commerce15%

Electricity, Gas, Water

0%Construction

5%

Industry33%

0

500

1000

1500

2000

2500

3000

3500

N° WORKERS

R E G I ONS

WORKERS PART IN MEDIATIONSYEAR 2002

443 3422 263 378 3151 1572 388 2850 613 561 438 54

I I I I I I IV V VI VI I VI I I IX X XI XI I

RM: 16.230 workers.

143 Acts

TOTAL NACIONAL: 30.363


MEDIATION CASES - REGIONYEAR 2002

515

3 518 24

415 12 14 9

1

143

0

20

40

60

80

100

120

140

160

I II III IV V VI VII VIII IX X XI XII RMREGIONS

NR

OF

Med

iati

on

Cases


TOTAL NACIONAL:

168 ACTUACIONES

RELACIONES LABORALES RELACIONES LABORALES RELACI LABOR MEDIATION.

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