Bill 23.

Summary.

The bill seeks to establish rules concerning collective bargaining agreements concluded in state owned enterprises. It does so by proposing additions to four laws governing these enterprises. Each addition sets out the same rule on compliance with a collective bargaining agreement and the exclusion of specified positions. Under the proposed provisions, the agreement would become binding when the law resulting from the bill enters into force.

Article 2 adds Article 171-A to Law 6 of 1997 (Ley 6 de 1997). Under the proposed article, a collective bargaining agreement would bind both the enterprise and the union at every establishment and workplace operated by the enterprise nationwide. The general manager, board of directors and senior management positions would be excluded from collective bargaining agreements. The obligation therefore applies to the two parties identified in the provision, while the exclusion concerns the positions it lists.

Article 3 adds Article 15-A to Law 23 of 2003 (Ley 23 de 2003). It repeats the requirement that the enterprise and the union comply with the collective bargaining agreement at all of the enterprise’s establishments and workplaces nationwide. It also excludes the general manager, board of directors and senior management positions from such agreements. The proposed provision thus uses the same nationwide scope and identifies the same positions within the enterprise governed by that law.

Article 4 adds Article 17-A to Law 76 of 2010 (Ley 76 de 2010). Its proposed wording would make the collective bargaining agreement binding on the enterprise and the union at all of the enterprise’s establishments and workplaces nationwide. It would also exclude the general manager, board of directors and senior management positions from those agreements, following the wording used in the preceding additions.

Article 5 adds Article 13-A to Law 109 of 2013 (Ley 109 de 2013). It places the same obligation on the enterprise and the union to comply with the collective bargaining agreement at the enterprise’s establishments and workplaces nationwide. The general manager, board of directors and senior management positions would likewise be excluded. Article 6 identifies together the four additions proposed for the laws named above. Article 7 provides that the resulting law would enter into force on the day following its promulgation.

The bill concerns the state owned enterprises governed by Law 6 of 1997, Law 23 of 2003, Law 76 of 2010 and Law 109 of 2013. Its provisions could be of interest to those enterprises, their unions and workers, and people serving as general managers, board members or senior managers.