On Sep. 6, SLV MDDSZ detailed effective representatives protection.
Various changes are being introduced on Nov. 16, 2024, resulting from changes to the Labor relations act (ZDR-1D), e.g. more effective worker representatives protection.
Follows SLV MDDSZ Aug, 2024, said employers are to act by Nov. 16, see #224015.
Protection Overview
Amendment to the law will bring important changes for employee representatives who are dismissed by companies, specifically due to their various trade union activities.
To ensure effective protection for employee representative dismissal, changes to ZDR-1D will stipulate if a representative asserts illegality of termination of the employment contract in court proceedings, the termination of the employment contract is extended.
This is until a decision in dispute at the first instance, or for a maximum of six months.
This will ensure the better protection of all workers' representatives against dismissal.
The amendment also increases remuneration of a representative during a period when an employer prohibits them from work, from previous half of the salary to 80% salary.
The possibility of establishing a special fund was also determined, to reimburse the compensation paid to the employee during prohibition to perform work, in the period when a termination of an employment contract referred to previously, is suspended.
Both expert opinion and examples from practice indicated the Act did not meet the requirements of Convention of the International Labor Organization C135 on protection and relief for workers' representatives in firms, and terms of Recommendation R143.
It was also assessed the Act also did not meet requirements of Directive 2002/14 that established a general framework for informing and consulting workers in the EC.
This required member States to ensure workers' representatives are protected in the performance of their duties, and enable proper performance of tasks assigned to them.
Effectiveness
The terms of the new regulation on the Act will come into full effect on Nov. 16, 2024.
