1 Organization of American States (OAS) - PowerPoint Presentation

Slide1

1

Organization

of American States (OAS)

Inter-American Conference of Ministers of Labor (IACML) Inter-American Network for Labor Administration (RIAL)

Labour Standards and Protection of

Freedom

of Association and Collective Bargaining: Rules in Québec, Canada

Jean Paquette

,

lawyer

Administrative

judge

and

vice-president

Tribunal administratif du travail

LL.L.,

B.Sc.Soc

.(

Economy

),

M.Sc

.(

Industrial

Relations),

MBA

(Management Consulting)

San

José,

Costa Rica

December

6, 2018

2

OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Labour Standards:

the Act respecting labour standards,

powers of inquiry and recourse

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

•

Employee• Public order

• Labour standards: wages, hours of work, statutory holidays, annual leave, rest periods, absences owing to sickness or for family matters, work performed by children, psychological harassment, notice of termination of employment, collective dismissal, retirement, differences in treatment, personnel placement, temporary foreign workers, prohibited practices and dismissal without good and sufficient cause

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Civil

recourse:• Inquiry

• RecourseRecourse against

prohibited practices Recourse for psychological harassmentRecourse for

illegal

dismissal

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Respect

for freedom of association:the Labour Code and the

role of the labour relations officer

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Right of association

Right to be certified

Role of the labour relations officer (the LRO) in matters

of certification:• The employer’s obligations• Inquiry on the right to certification

•

Certification

decision

made by the LRO

•

Interference

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

The Tribunal administratif du travail (the Tribunal)

• Certification Ascertain

entitlement to certification and compliance with the rules

established by the Labour Code, protect the rights of third parties that are not parties to the

petition

•

Interference

Emergency call service and the

possibility

of

making

an

order

that

may

be

provisional

or permanent

Cannot

certify

an association if

there

was

interference

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Compliance

with collective bargaining:

the Labour Code and the Tribunal

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Collective

bargaining rules• Union dues and

fair representation• Notice of

negotiation = beginning of negotiations• Negotiations must be

conducted

diligently

and in good

faith

•

Ballot on the

employer’s

last

offers

•

Legal

right to

strike

and no

strike-breakers

•

The Tribunal

can

make

provisional

or permanent

orders

. Conciliation

is

available

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OAS – IACML –

RIAL – Costa Rica – December 6, 2018

Questions?