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Trade unions meeting the statutory minimum membership could engage in
collective bargaining. If no trade union was present in an enterprise, the law
allowed associations of five or more workers to engage in collective
bargaining. Unions said that this allowed employers to bypass unions and
bargain with smaller and less powerful associations, undermining efforts to
organize genuine unions.
Only trade unions could call strikes. Any such decision could be made by at
least one-half of the union’s active registered members. The law permitted
trade unions to convene meetings digitally. Under the law a decision to
strike could not be made if members of a union were not provided a virtual
means to take part in the discussion and vote. Courts could declare a strike
illegal and abusive if there was a risk of financial ruin for the enterprise and
if the principle of proportionality was violated. Public utility and
transportation workers had to give four days’ notice before a strike; privatesector workers had to give 24 hours’ notice. The law mandated minimum
staffing of one third during strikes affecting critical public services such as
hospitals, mass transportation, and sanitation. If calling a strike, a union had
to defend the right of employees who did not take part to travel freely to
and from work without hindrance or threat of corporal or psychological
violence. If this clause was violated, the strike could be suspended. On April
14, media reported courts declared several strikes unlawful and abusive,
including by five different unions and associations of unions.
Country Reports on Human Rights Practices for 2023
United States Department of State • Bureau of Democracy, Human Rights, and Labor
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