The Constitution protects our right to join a union or not to affiliate.
In general, we opted for the latter - Non-membership - regardless of the benefits no longer be a union representative, but simply belong to a union .
is quite widespread and not without reason on many occasions, the idea that belong to a union can make the employer take action against us.
This means that we are not affiliated but also that we do not complain, we are not informed and do not demand our rights.
We will then, to prove his importance, a number of assurances given to us by the fact opt \u200b\u200bfor membership:
- The Constitution in Article 28 provides that the employee can not suffer for being a member, professional or economic discrimination . It is what is called indemnity guarantee.
This means that I can claim without fear of reprisal because could demonstrate that they have taken action against me for this.
- The unilateral decisions by employers containing any type of discrimination in employment whether favorable or not, shall be null and void being sanctioned by the employer. Article 10.2 of the Organic Law on Freedom of Association.
- Article 8 grants workers LOLS members specific rights in the enterprise or workplace.
This establishes a special scheme for workers who have opted to join against those abstaining.
- case of dismissal or sanction a worker joined the union when the employer is satisfied this condition, you will need - art. LOLS 10.3.3 - which is given to the steward after hearing before taking action. Shall be null
the layoffs that are considered the product of a union discrimination .
And so is expressed in sentences such as the STS Supreme Court 4162/2007 in which quashed the dismissal of an employee for membership.
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