Key Developments for 2017

New forum for employment claims

Subject to the approval by the House of Representatives, employment related conflicts shall now be transferred to the new labour courts as opposed to Conciliation and Arbitration Boards for resolution.

New requirements to register a collective bargaining agreement

An initiative which would impose far more burdensome requirements on both employers and unions (in order to register a collective bargaining agreement to ensure that workers are aware of the existence of such collective agreements) is under review. There is also a proposal for a law to require unions to evidence workers’ representation when calling for the execution of a collective bargaining agreement.

New strike procedures

Several specific formal procedural rules have been proposed and are under review with the purpose of further regulating strike procedures and voting evidence.

Key Developments for 2016

Resolutions by Federal Courts regarding outsourcing

A non-binding finding was made which held that it is possible to pierce the corporate veil in order to determine whether several legal entities are from the same corporate group and form an economic unit which is jointly liable for employment related obligations.

Prevention of discrimination

During 2016 we saw an increase in initiatives with the purpose of eradicating employment discrimination towards pregnant women, the disabled, and LGBT people.

Increase in union conflicts regarding representation claims

During 2016 there was a significant increase in representation claims through which different unions claim to represent the majority of the workers at a certain workplace, in particular in the mining, automotive and hotel industries.

With thanks to Andrés Rodríguez of Santamarina Steta for his invaluable collaboration on this update.