1 Organization of American States (OAS)

Transcript:1 Organization of American States (OAS):
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 3 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 4 OAS – IACML –RIAL – Costa Rica – December 6, 2018 Civil recourse: • Inquiry • Recourse Recourse against prohibited practices Recourse for psychological harassment Recourse for illegal dismissal 5 OAS – IACML –RIAL – Costa Rica – December 6, 2018 Respect for freedom of association: the Labour Code and the role of the labour relations officer 6 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 7 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 8 OAS – IACML –RIAL – Costa Rica – December 6, 2018 Compliance with collective bargaining: the Labour Code and the Tribunal 9 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