Example of a Collective Bargaining Agreement
Contracts / / July 04, 2021
A collective labor agreement, is the contract concluded between the unions and the companies, to ensure their labor rights as a group.
This contract is susceptible to being revised instead of repeating or drafting a new one, and receives corrections to adapt it to the changes that occur in the interests of the parties; These modifications are managed by union leaders elected by the workers.
This contract must contain: Name of the representatives of the parties; The companies that this contract will cover; Working hours; Salaries, breaks and vacations; Training of workers; Adaptations and commissions.
Example of a collective bargaining agreement:
Collective labor contract, entered into between the union of “flour workers"And the company"GALLETAS MUNDO FELIZ S.A de C.V”.
The company "GALLETAS MUNDO FELIZ S.A de C.V”Will be represented by the Ing. Fernando Gonzales Flores, identified with notarial act number 587,456, held before the notary 568 of the Federal District, with official address at the México Pachuca highway, kilometer 8956; and As a representative of the union of “
flour workers" the Mr. Eusebio Gómez Méndez elected at the union assembly on March 23, 2012. With address located at Calle Valle de Bravo number 512 Colonia Estado de México Ecatepec de Morelos Estado de México.The parties agree to follow and accept the provisions of the following clauses:
CLAUSES:
First.- The ING. Fernando Gonzales Flores, accredits being the general representative of “GALLETAS MUNDO FELIZ S.A de C.V”With the notarial deed number 587,456 executed before the 568 notary, Lic. Gustavo Zepeda Elizalde; He declares that he represents a Mexican company dedicated to the food industry, and specializes in the manufacture of "Cookies".
Second.- The “Flour Workers” union is represented by Mr. Eusebio Gómez Méndez, who was elected from in accordance with the union statute and was ratified by the conciliation and arbitration board with the registration 1089.
Third.- The parties mutually acknowledge their personality, as well as their ability to enter into this contract. Complying with what is established in the fourth title of the federal labor law in relation to its chapter II. The parties are in full agreement in referring to the company named as “GALLETAS MUNDO FELIZ S.A DE C.V", Hereinafter as"The company”; everything related to legal acts of federal labor law will be called “The law", The parties will also be referred to as"The parts"The workers' union will be referred to as"The Union"And the contract will be referred to as"Contract”.
Quarter.- “The company"Acknowledges that"The Union"Advocates the interest of its members and who work in"The company"Collaborating with whoever is designated by"The Union”So too, the representative of“The Union"Acknowledges the delegate of"The companyAnd his authority to follow this contract.
Fifth.- “The company”Will give the corresponding facilities to the union representatives, to whom any union work is designated, as well as their performance in said medium.
Sixth.- If any change is made for any reason or the death of the union representative or representatives occurs, The company will be notified of said change, who will be fully in agreement with the resolution that the union perform.
Seventh.- This contract is valid for the workers of “The company”No matter what agency or branch you work in, with the exception of Trusted Employees.
Eighth.- They are trusted workers, all those who perform functions of inspection, surveillance and inspection managers or their work is related to private aspects of "THE COMPANY".
Ninth.- The validity of the contract has no agreed end and will be reviewed in general every two years and every six months in relation to salary as indicated to "The law”The termination of the contract must be agreed by both parties.
Tenth.- “The company”Will not be able to take part or intervene in the internal regime of the union, neither by itself or by its trusted workers.
Entry to work
Eleventh.- The union must provide new employees, whether for new, existing, temporary or permanent positions; if in 15 days they are not provided, "The company"Will designate them and they will have the right to join"The Union”
Twelfth.- The following are optional requirements for a new worker:
- Be a member of '' THE SINDICATO ''.
- Undergo a medical examination by the official staff of “The company”.
- Subscribe the Affiliation form that will contain: Your personal data and people who depend economically on the Worker, position, category and class of services, start of work inThe company”For the purposes of computing its seniority; This form will be done in triplicate and will be distributed to the worker. The aforementioned affiliation form must be signed by the representative of ''the Union”.
Thirteenth.- “The company”Has the authority to hire workers for specific works and times determined in the cases that correspond according to "The law", temporary contracts will end when the task. Temporary contracts will not affect in any way the benefits and privileges that run in favor of formal and unionized workers.
Work, breaks, permits and salary.
Fourteenth. “The company”Will distribute the workers in the plants or branches, according to the circumstances that mark“The law" and should be notified "The Union".
The worker will follow the stipulations set by the employee regulations for his safety and conduct, he will be responsible for the tool and its care.
Fifteenth.- “The company" make available the material and tools necessary for employees to carry out their tasks; They must be in good condition and of good quality.
Sixteenth.- The work day will be eight hours and will be in accordance with the provisions of the federal labor law, and will be adjusted in Personal Work, day, mixed and night hours. The distribution of working hours will be at the discretion of "The company”, And will accommodate the workers in the most suitable way and for the benefit of the company and the good realization and application of the capacities of the workers and all movement will be carried out with consent of the union.
Seventeenth.- In case of special work circumstances it is required to increase the working hours, the work and Work will have the quality of extraordinary and will have an extra payment of 20% of the salary previously received. Overtime work must not exceed 12 hours of daily work and 20 hours of weekly work. If the worker considers himself uncomfortable with the extra work, he is completely free to expose it. before his union and his union representatives, clarifying the causes and circumstances that motivate him; the union being obliged to inform the company.
Eighteenth.- Permits will be granted to be absent from their work for particular matters for workers and workers by themselves or by through their union, they must notify the company of the reasons and circumstances for said absence one week in advance, and only there will be an exception for some fortuitous circumstance, cause for which a justified report will be delivered to the company for faults unjustified. The company will keep an account of the faults committed by the worker without any justification.
Nineteenth.- Workers will have a day of rest with full enjoyment of their salary, that day of rest will be applied on Sunday and if there is a change it will be by clarification and desire of the worker.
Twenty.- The rest with payment of salary will be applied on holidays, and national holidays, which will be stipulated according to the festivities national and regional of the place where the worker works, depending on the branch or country where he is, this being in accordance with to the law.
Twenty-first.- The salary of workers will be adjusted to a tab that will be attached to the contract, and will form part of it and will fully adjust to what is established by federal labor law. If the payday is presented on a non-business or rest day, it will be paid or deposited in the account of the worker the immediately preceding business day, and if necessary the workers will sign the document correspondent.
Twenty second.- Workers will enjoy an annual vacation period, which will be six working days for those with one year of seniority, increased by two days for each subsequent year of service, and after the fourth year the vacation period will be increased by two days for each five years of service. service. It is equally obliged "The company”To deliver each year to the workers a certificate that proves their working seniority, and in accordance with it, the vacation period that corresponds to them will be set and the date on which they must enjoy them, which in any case will be within the six months following the completion of each year of service, in accordance with the provisions of the law. If there are too many absences on the part of the worker, these may be deducted from the vacation period in a proportional way. In the event that there is disagreement, it may be sponsored and represented by people from the union.
Twenty third.- The vacation period cannot be replaced by payments made in favor of the employee. If the employment relationship ends before the end of the year of service, the Workers will be entitled to proportional payment for vacation at the time of services rendered.
Twenty fourth. Workers will receive an annual bonus equivalent to fifteen days' salary without any discount, which must be paid before December 20 of each year. Those who have not completed a year of services will be entitled to the proportional payment of the bonus, according to the time worked.
SENIORITY AND WAY TO COVER VACANCIES.
Twenty-fifth.- The seniority of the Workers is their property and will be counted from the time and date they entered to provide their services. An integrated Commission with representation of the union and the company, will formulate the "General Table of Antiquities", distributed by categories of each profession and trade, which must be publicized in accordance with the provisions of federal law of the job.
Twenty-sixth.- When there are vacancies for more than 60 days, they will be filled by the oldest worker in the category of the profession and If several workers with the same seniority dispute the position, preference will be given to whoever has the largest family. Every upgrade will have an efficiency test period, and if it does not comply, the next one will be called. If they do not have a qualified worker, it will be requested from the union.
Twenty-seventh. When the vacancy must be filled for less than 20 days, the lower workers will occupy the position of the superior, returning to their previous position when the contingency passes.
Twenty-eighth.- When there is a vacancy subject to promotion, the company will formulate bulletins for workers to apply within a term of 90 days. In the newsletters, the corresponding positions, salaries and skills will be very clear and they will have 20 days to submit their application.
Training and Recruitment of workers
Twenty-ninth. The recruitment of workers will be carried out jointly between the "Union" and "The company", always in accordance with federal labor law. This work must be carried out within a period of 60 days from the deposit of the contract. As a result of the foregoing, all workers must be trained and duly trained.
Work safety and risk
Thirtieth. A commission of 30 members, 15 from the company and 15 from the union, will be formed and will investigate all accidents and causes by reviewing the diseases and risks to which the workers.
Thirty-first.- "The company" is fully committed to taking the necessary measures to avoid work risks, as well as for the use of machinery and instruments; It will also install first aid kits and infirmaries.
Thirty second. The workers will abide by the resolutions and preventions issued by the aforementioned commission. The Workers must undergo the medical examinations prior to their admission and periodicals determined in the commission established above. "The company" will assign the doctors who will perform the exams.
Thirty-third.- '' THE COMPANY '' undertakes to comply with the provisions of the Social Security Law, in whose Institute must register all Workers who provide services in terms of `` THE LAW '' of the matter; The corresponding fees will be covered by "THE COMPANY" and the Workers in accordance with the Social Security Law itself.
UNION BENEFITS, QUOTAS AND SANCTIONS.
Thirty-fourth.- It is the obligation of “The company"Deduct from the wages of its workers the union dues requested by" The union "in accordance with its Statutes, taking into account the provisions of Federal Labor Law.
Thirty fifth.- "The company" Workers who resign from belonging to the "union" or who are expelled from it are obliged to separate from work, at the written request of the "union". The separations that are carried out at the request of the "union" will be without any responsibility for "The company "and it will effect the separation immediately upon receipt of the respective communication from the" Union ".
TRANSITIONAL CLAUSES
First.- In everything that has not been expressed in this contract, it will be governed in accordance with what is provided in "Federal labor law".
Second.- In the aforementioned case, a mixed commission would be formed that will formulate an alternative regulation to this contract within a maximum period of 60 days.
Third.- This contract will be signed in duplicate, so that prior registration remains in the hands of each of the parties one copy and the same in the corresponding conciliation and arbitration board, this in accordance with the federal law of the job.
This contract will take effect from the filing date and this date will be used for the purposes established by law.
As proof of the above, it is signed by "THE PARTIES" who celebrate it in Mexico City, Federal District on October 11, 2012.
Company representative Union representative
Signature Signature
Conciliation and arbitration board
Firm