Key Benefits:
ArtAculoA 1Aº.A (Principles and fundamental rights of the system of industrial relations in the public sector).-The system of industrial relations in the public sector is inspired and governed by the principles and rights that are developed in this chapter and by internationally recognized fundamental rights ( artAculosA 57, 65, 72 and 332 of the Constitution of the Republic.
ArtAculoA 2Aº.A (Participation, consultation, and collaboration).-The State will effectively promote consultation and collaboration between public authorities and public workers ' organizations. issues of interest that could be determined by the parties, with the general objective of fostering fluid relations between the interlocutors, mutual understanding, exchange of information and joint examination of issues of mutual interest.
The participation and consultation are the exchange of views and the opening of a dialogue on matters for which sufficient information has been previously provided, at an appropriate level of representation of the parties to allow obtain sufficient answers on the positions adopted and even reach agreements prior to possible unilateral decisions.
ArtAculoA 3Aº.A (collective bargaining law).-The right to collective bargaining should be granted to all civil servants with the exclusions, limitations and particularities provided for in Article 9Aº. from Convention No. 87 of the International Labour Organization (ILO) approved by the Law No 12.030, dated 27 November 1953, and in the numerals A 2 and 3 of Article 1 of the Law No 16,039of 8 May 1989.
The state will promote and guarantee the free exercise of collective bargaining at all levels. For such purposes, appropriate measures shall be taken to facilitate and promote the negotiation between the administration and representative organizations of public workers.
ArtAculoA 4Aº.A (Collective Bargaining).-Collective bargaining in the public sector is the one that takes place, on the one hand, between one or more public organizations, or one or more organizations representing them and, by another party, one or more representative organisations of public officials, with the aim of seeking to reach agreements that regulate:
| A) | Working conditions, health, and work hygiene. |
| B) | The design and planning of professional training and training of employees in the public service. |
| C) | The structure of the functional career. |
| D) | The system of state management reform, efficiency, efficiency, quality and professionalization criteria. |
| E) | Employers and officials relationships. |
| F) | The relationships between one or more public organizations and the corresponding public officials organizations and all what the parties agree to on the negotiation agenda. |
The parties are obliged to negotiate, which does not impose the obligation to enter into agreements.
ArtAculoA 5Aº.A (Required to negotiate in good faith).-The obligation to negotiate in good faith implies for the parties the following rights and obligations:
| A) | Concurrency to the negotiations and the hearings cited in due form. |
| B) | The realization between the parts of the meetings that are necessary, in the places and with the frequency and periodicity that they are appropriate. |
| C) | The design of negotiators with sufficient suitability and representativeness for discussion of the subject matter. |
| D) | The exchange of information required for the purposes of examining issues under discussion. |
| E) | Performing efforts to achieve agreements that take into account the various circumstances of the case. |
ArtAculoA 6Aº.A (Information law).-The parties have the obligation to provide, in advance and recAproca, the necessary information that allows to negotiate with knowledge of cause.
The State, at the request of the representative organizations of workers in the public sector, should provide the same information as available concerning:
| A) | The progress of the Budget and Account Rendon and Balance Sheet projects. |
| B) | The economic situation of implementing agencies and units and the social situation of officials. |
| C) | The technical changes and functional restructures to be performed. |
| D) | The training and training plans for workers. |
| E) | Possible changes in working conditions, safety, health, and work hygiene. |
ArtAculoA 7Aº.A (Training for negotiation).-The parties to the collective bargaining will take steps to ensure that their negotiators, at all levels, have the opportunity to receive an appropriate training.
ArtAculoA 8Aº.A (Application Scope).-The Executive Branch, the Legislative Branch, the Judicial Branch, the Administrative Court, the Administrative Court, the Administrative Court, the Court of Justice, the Court of Justice, the Court of Justice, Accounts, the Electoral Court, the autonomous entities, decentralized services and the departmental governments (Municipal Intrends, Department Boards and Elective Local Boards).
ArtAculoA 9Aº.A (Ministry of Labour and Social Security Competencies).-The Ministry of Labour and Social Security will be the body responsible for ensuring the implementation of this law.
In such a way, it will coordinate, facilitate and promote industrial relations and collective bargaining in the public sector. It will fulfill the functions of reconciliation and mediation and will have adequate measures to ensure the fulfillment of the agreements.
ArtAculoA 10.A (Levels of negotiation in the Executive Branch and in the autonomous entities and decentralized services of the industrial and commercial domain of the State).-The collective bargaining in the Executive Branch and in the (
) the Commission, in the context of the European Union, will be responsible for the development of the| A) | General or top-level, through the Public Sector Collective Negotiating Council. |
| B) | Sectoral or by branch, through the negotiation tables established in function of the particularities or autonomies. |
| C) | By impact or body, through negotiation tables between the base representative trade union organizations and the respective bodies. |
ArtAculoA 11.A (Superior Council of Collective Bargaining of the Public Sector).-The Superior Council of Collective Bargaining of the Public Sector is composed of two representatives of the Ministry of Labor and Social security (one of which was chaired by the Council), two representatives of the Ministry of Economic Affairs and Finance, two representatives of the Planning and Budget Office, two representatives of the National Office of the Civil Service and eight representatives of the trade union organisations and representatives of higher-grade public officials at the national level, in accordance with the principles set out in the Convention Text To 151 and 154 of the International Labour Organization (ILO) and recommendations of the ArtAculoA 12.A (Second level).-The negotiation table at the sector level or by branch of collective bargaining in the Executive Branch and in the autonomous entities and decentralized services will be integrated with two representatives of the Office of Planning and Budget, two representatives of the Ministry of Economic and Finance, two representatives of the National Office of the Civil Service, two representatives of the Ministry of Labor and Social Security and eight representatives of the Ministry of Social Security delegates appointed by the representative organization of the officials Public of the respective sector or branch.
In the case of the self-appointed entities and decentralized services, the business of negotiation can be integrated, in addition, with representatives of the institutions concerned.
Collective or branch-level collective bargaining will have a role to play in reaching second-level agreements in the areas referred to in Article 4Aº of this law.
ArtAculoA 13.A (Third level).-The level by incisoA or agency will work through the negotiation tables integrated by the authorities of the incioA or agency and the trade union organizations representative of base. Representatives of the Ministry of Labour and Social Security, the Ministry of Economic Affairs and Finance, the Office of Planning and Budget and the Office of the National Civil Service, will also be involved. trade union representative organisations of the branch.
Collective bargaining at a lower level or an incisoA or a body shall have the purpose of reaching agreements in the matters referred to in Article 4 (4) of this Law.
ArtAculoA 14.A (Negotiation tables).-For the purposes of collective bargaining in the Legislative Branch, the Judicial Branch, the Administrative Court of the Administrative, the Electoral Court, the Court of Auditors, the In the case of the Government of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the .
The respective negotiating tables shall be composed of two representatives of the body concerned, by three delegates appointed by the representative organization of the officials and by a representative of the Ministry of Labour and Social security to act in accordance with the provisions of Article 9Aº of this Law. In addition, delegates from the Office of Planning and Budget, the National Office of the Civil Service, and the Ministry of Economic and Financial Affairs may participate as advisors.
Each negotiation table will define the needs and particularities of each organization to define the needs and particularities of each organization. Collective bargaining will have the purpose of reaching agreements in the matters referred to in Article 4 of this Law.
ArtAculoA 15.A (Conflict prevention).-In the face of any differences of collective nature that may represent conflicts between the parties, solutions at the level of the body will be sought; in case of failure to achieve the difference may be raised in the higher instance, taking into account the characteristics or characteristics of the business of the business concerned, without prejudice to the specific powers of the Ministry of Labour and Security Social.
A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, a 17 June 2009.
Cúmplase, acorsese recibo, comunAquese, publáquese e insatirtese en el Registro Nacional de Leitos y Decretos, la Ley por la que se darernada rales para la ngociamión collective en el sector pánico blico.
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 Montevideo, Uruguay. Legislative Power. |
