ACCIDENTS AND OCCUPATIONAL DISEASES
In general all companies one way or another core activities are carried out to prevent accidents. At least it has some knowledge of how to move materials, care in the use of different areas of work, it knows the importance of housekeeping in the workplace, is careful not to cause fires, caution with electricity, Some are lectures or advice of supervision, some even work process or delivery of catalog, however, remember that there are other companies that make no management control and prevention of accidents.
Experience teaches us that although accidents occur, we treat to avoid, Typically, the risk prevention measures are long-term positive effects. Thus, even with the best plan for prevention or control of operational risks, we will see some accidents involving workers and equipment or the environment.
First we must consider:
What is meant by or Work Accident?
accident means all work injury suffered by a worker or at the time because of work, and to cause disability or death, therefore the elements of the accident are:
a) Injury.
is damage or loss caused for any wound or injury, an illness or condition, etc.. For the purpose of industrial accident is not interested in the extent or depth of the damage, but only its existence, which can refer both to the physical body of the worker as to his intellectual or sensory, or mental health, etc.
b) causal or casual relationship between the worker and the injury.
The terms "cause" and "work time", can be considered to constitute employment injury not only injury suffered by a worker during the workday and in the workplace, but also suffered before, during suspension or after that day, which occurred inside or outside the workplace, because the term "occasion" requires only that between the work injury and there is a definite coincidence relationship.
Consequently, it is required to classify an accident as this work is the relationship between work performed and the lesion produced.
should that classification if the employment relationship - injury. assumes a direct or immediate (term "because"), or indirect or mediate (term "occasion").
c) The disability or death of the victim.
What are commuting accidents?
accidents are occurring in the direct path of going or returning from the room and the workplace. The direct path expression implies that the travel is rational and not interrupted.
not fall within the direct route which runs on a regular worker to or from work or home, but requires you to deviate from the route for example when you leave or pick up daily to a child in school.
To be classified as an accident occurred in the course must occur within the physical limits of travel, entrance to the room and entry to the work site, in a way that from the moment in which the employee is at the entrance of the company or in your room has been terminated direct route. Therefore, those claims occurred within the room are common and domestic accidents and accidents occurring within the workplace are accidents.
If the company operates in a building, from the time the worker enters the entrance to it has put an end to the direct route, therefore, the events occurring in the scales are accidents during work, even when the person concerned has not registered their attendance. Also if the employee enters your home, put an end to the direct route, therefore, suffer accidents in become household domestic accidents.
How do you test commuting accidents?
When a worker suffers an accident on the way, as a preference should have witnesses or allow police to test part in this accident, but if they do not have means and wants to prove that the accident happened on the direct way that it was his room and workplace, or vice versa, his single statement may be a sufficient means if it is duly substantiated by day-time, time, place and mechanism of injury, it will emit events that could prove what happened, since the situations involving the granting of benefits social security and the relevance to the worker must be weighted with flexibility.
What is insurance against occupational accidents and diseases?
compulsory insurance is paid by the employer to cover contingencies arising from accidents suffered by a person on grounds or during work. It also covers a disease directly caused by the exercise of the profession or work, and to produce disability or death.
Insurance covers commuting accidents (which are produced in the direct path between the house-room and the workplace or vice versa) and involving leaders union in carrying out their union duties.
Who pays the insurance contributions of accidents and occupational diseases?
Currently, the only contributions that are paid by the employer are those intended to finance the insurance on Occupational Accidents and Diseases (Law 16,744 of 1968)
contributions are as follows: General Basic
Quote:
Del 0.95% of taxable wages paid by the employer every month. This contribution rate applies from the date of the remuneration paid in September 1998 to the remuneration to be paid in August 2008. No employer can be exempt from this payment, as it is MANDATORY. Additional Quote
Differentiated:
The percentage applied in consideration of the activity (money) and risk of the company shall not exceed 3.4% of taxable remuneration. Thus, higher risk, higher rate, and lower risk, lower rate. A higher rate of accident rate is increased and vice versa.
The contribution rate is ranging from 1.70% to 3.4% and are determined and published in a Classifier of Economic Activities prepared by the Department of Labor and the Internal Revenue Service and the INP, as recognized parameter internationally.
What are the requirements to obtain insurance?
worker Being a private company or public institution affiliated to any organization's insurance administrator Law 16.744 (INP or Employers Mutual) and have suffered an accident at work, commuting or disease, disable it temporarily or total for the job.
Since when operating the insurance?
only operates insurance accident occurs or is made the diagnosis of the disease, regardless of whether the employer is current in payment of contributions.
Wednesday, April 16, 2008
Tuesday, April 1, 2008
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ISSUES TO BE CONSIDERED IN THE COLLECTIVE BARGAINING
Negotiation in business reality, is a continuous process that while the law governing their formalization in a given time, setting an opportunity to develop and establish a term of the agreement is signed, it is not possible to improvise, or try to solve through all the formal agreement problems or differences.
Negotiation always requires a period of preparation, evaluation and practical application of the contract or collective agreement.
is important to note, that a negotiation process should be considered persons involved therein as human beings whose rights go beyond purely economic demands.
ELEMENTS NECESSARY TO CONSIDER TRADING FOR ALL WORKERS
A. - Basic rules common to the parties:
* The demands raised by workers should be considered closely related to the efficient development of the company. * In the process
merge the different views that have the parties on the reality of the company, work environment and the problems and challenges that arise.
* Employers and employees should aim at finding the most equitable solution to the problems that arise.
* There must be mutual trust between the parties.
* Workers must study the economic implications of the project presented. (Monthly, biannual and annual).
* The company must understand that workers are the most important resource of which has, therefore, require more equitable compensation for their contributions and effort.
B - Election of the strategy.
* Goals should be properly defined, trying to point out both general and specific.
* Please note the costs and benefits that would accrue in the event of having to settle some of the objectives.
* information should be provided with data and analysis, legal and financial, that support the negotiation.
* Gather information on the situation comparable firms in the industry, level of wages, productivity, sales, technology level, etc..
Analyze previous negotiations, the processes by which agreement was reached, which were the arguments of the company, for rejecting or accepting the project and raised pledges effective enforcement.
* Determine in advance the potential bottleneck or main obstacles and possible negotiation tactics used by the company.
* Fundamental is aware that people are different problems. People considering the other hand, to understand that human beings are at the forefront, with values, emotions and different views.
C. - The Strategic Plan.
Mission:
should be clear what the mission of the organization, in general we can say that the role of the organization is to transform individual interest groups, giving more strength and ability to achieve them. Its aim is to transform the economic and social status of workers to achieve greater justice and equity.
The External Environment:
must perform a detailed analysis of the reality of business and industry and general economic context. So it will be convenient to consider among other variables, CPI, interest rate levels investment, wage rates, unemployment.
examples can be: To obtain better salaries will be highly conditional on unemployment.
The Internal Environment:
involves knowing the reality of the union, about your programs, main activities, channels of information and participation, work environment in which decisions are made, the reality of the federation or confederation if it is affiliated whatsoever.
The degree of difficulty of work and time required to have skilled and experienced.
Identify key positions within the company, and whether workers are easily replaceable. Knowing the reality
labor, insurance and partner training, aspirations and interests of them.
regard to information about the company, the Labour Code states in article 315 that is binding on the employer to provide the bargaining unit or union, with 3 months before the economic background needed to prepare the presentation of the project. The employer is obliged to deliver at the request of the workers.
* Balances of the 2 years immediately preceding.
* Financial information relating to the months of the year in office. * Costs global
labor in the same period.
* Information on future investment policy, except that they are treated as confidential and it is based.
D. - Suggestions on Content of the Project.
It is assumed that each situation is unique, as indicated below, should be considered in each case and what is said is only an exemplary way:
a) Scope of the agreement / contract: its scope includes application; effect. Covered workers, other general issues.
b) The terms wages, include the salaries, terms of payment, increased merit pay, productivity, seniority contributions to health insurance benefits, life insurance, pension plan, vacation pay, holidays and overtime, any other bonds.
c) Hours and overtime, maximum hours and minimum; modules for fixing flexible working hours, shifts, schedules, reduced working hours (eg night work), breaks, breaks, etc.
d) Vacation and other leave: Length, year-end, holiday shifts, holidays and additional licenses, etc.
e) Provisions on employment and recruitment: A term of employment, provisions on temporary contracts and subcontracting.
f) The rights of union: Collection of union dues (payroll deduction), union activities and permissions, permits and other assemblies.
g) Promotions and promotions: Mechanisms to fill vacancies, terms and conditions of learning, transfer, transfers, contracts, etc.
h) Safety and Health at Work: Aspects of occupational safety, health conditions, levels of heat and humidity, noise, lighting and ventilation, quality of furniture, etc.
i) Training: Training programs, paid leave, internal training, external training, fellowships, study aids, etc.
j) Disciplinary: Sanctions for breaches of discipline and consequences for their repetition. Mechanisms to communicate the warning (who and how), the right of appeal, the employee evaluation mechanisms and the corresponding right to review by the employee, all concerning the rules of order and security.
k) Organization of work: measurement and time control system, teamwork, levels of employee participation in decision-making in the business, etc.
l) Implementation of the agreement / contract and control mechanisms and conflict resolution: Sanctions envisaged for the part that does not comply with the terms of the agreement / contract, dispute resolution procedures conflict.
Currently in our country there is a high turnover of workers, and we found that most of these have no more than five years old in business, is that the above points are not being met fully.
E) Development of Negotiation.
In this part of the process, negotiators should claim all their arguments and counter arguments prepared in the previous stage and to develop strategies and tactics studied.
It should be noted that the process requires a clear direction and that is both a mechanism to legitimize the leaders and fortifications of the organization.
First it is necessary before the start of the talks or failing at the first meeting, set the ground rules on the procedure and development of the negotiation, for example, leaving in place all those points where and (for response to the project) there is agreement.
Among the minimum that must be reconciled, are:
a) timetable and schedule of meetings, the mechanism should be flexible enough for the dynamics of negotiation.
b) Location of the meeting, ideally a neutral or, if conditions exist, ie, once at the offices designated by the company and in another place specified by the union.
Conduct of meetings: Usually moderated the meeting, one that makes a homeowner. If the neutral site should reach agreement on who will moderate. The President of the union or bargaining group leader, should not make this work, since, in general, who performs work of moderator is neutralized.
Finally, in this matter, contact with the bases is essential because the assembly will be the means of keeping members informed of the development of negotiation and will be this instance, at most democratic body, who must approve or rejection of the final draft submitted to it.
F) After the Firm.
The immediate subsequent step is the assessment and monitoring of the agreements reached during the negotiations done.
assessment, will note the errors and shortcomings that have been committed, it will begin to consider measures to be taken to overcome them. Similarly, to assess and recognize the capabilities and achievements of the negotiating team and individual members, it will seek to maintain and deepen these strengths.
a) personal assessment of each business, assessing the work in a team and each of the other members.
b) Evaluation of the objectives, check whether the strategies and tactics designed and used, help or hinder the negotiation.
c) Evaluation collective interested in knowing the degree of satisfaction or dissatisfaction of members, once the process.
As for the control of the agreements, that is, its practical application, should be permanent task of the organization and for this we must train workers on the agreement / contract, so that they know the contents of the agreement. One of the main reasons why someone does not exercise a right that belongs, is unknown and this is a mechanism to involve all workers in the process of monitoring compliance with the contract.
Negotiation in business reality, is a continuous process that while the law governing their formalization in a given time, setting an opportunity to develop and establish a term of the agreement is signed, it is not possible to improvise, or try to solve through all the formal agreement problems or differences.
Negotiation always requires a period of preparation, evaluation and practical application of the contract or collective agreement.
is important to note, that a negotiation process should be considered persons involved therein as human beings whose rights go beyond purely economic demands.
ELEMENTS NECESSARY TO CONSIDER TRADING FOR ALL WORKERS
A. - Basic rules common to the parties:
* The demands raised by workers should be considered closely related to the efficient development of the company. * In the process
merge the different views that have the parties on the reality of the company, work environment and the problems and challenges that arise.
* Employers and employees should aim at finding the most equitable solution to the problems that arise.
* There must be mutual trust between the parties.
* Workers must study the economic implications of the project presented. (Monthly, biannual and annual).
* The company must understand that workers are the most important resource of which has, therefore, require more equitable compensation for their contributions and effort.
B - Election of the strategy.
* Goals should be properly defined, trying to point out both general and specific.
* Please note the costs and benefits that would accrue in the event of having to settle some of the objectives.
* information should be provided with data and analysis, legal and financial, that support the negotiation.
* Gather information on the situation comparable firms in the industry, level of wages, productivity, sales, technology level, etc..
Analyze previous negotiations, the processes by which agreement was reached, which were the arguments of the company, for rejecting or accepting the project and raised pledges effective enforcement.
* Determine in advance the potential bottleneck or main obstacles and possible negotiation tactics used by the company.
* Fundamental is aware that people are different problems. People considering the other hand, to understand that human beings are at the forefront, with values, emotions and different views.
C. - The Strategic Plan.
Mission:
should be clear what the mission of the organization, in general we can say that the role of the organization is to transform individual interest groups, giving more strength and ability to achieve them. Its aim is to transform the economic and social status of workers to achieve greater justice and equity.
The External Environment:
must perform a detailed analysis of the reality of business and industry and general economic context. So it will be convenient to consider among other variables, CPI, interest rate levels investment, wage rates, unemployment.
examples can be: To obtain better salaries will be highly conditional on unemployment.
The Internal Environment:
involves knowing the reality of the union, about your programs, main activities, channels of information and participation, work environment in which decisions are made, the reality of the federation or confederation if it is affiliated whatsoever.
The degree of difficulty of work and time required to have skilled and experienced.
Identify key positions within the company, and whether workers are easily replaceable. Knowing the reality
labor, insurance and partner training, aspirations and interests of them.
regard to information about the company, the Labour Code states in article 315 that is binding on the employer to provide the bargaining unit or union, with 3 months before the economic background needed to prepare the presentation of the project. The employer is obliged to deliver at the request of the workers.
* Balances of the 2 years immediately preceding.
* Financial information relating to the months of the year in office. * Costs global
labor in the same period.
* Information on future investment policy, except that they are treated as confidential and it is based.
D. - Suggestions on Content of the Project.
It is assumed that each situation is unique, as indicated below, should be considered in each case and what is said is only an exemplary way:
a) Scope of the agreement / contract: its scope includes application; effect. Covered workers, other general issues.
b) The terms wages, include the salaries, terms of payment, increased merit pay, productivity, seniority contributions to health insurance benefits, life insurance, pension plan, vacation pay, holidays and overtime, any other bonds.
c) Hours and overtime, maximum hours and minimum; modules for fixing flexible working hours, shifts, schedules, reduced working hours (eg night work), breaks, breaks, etc.
d) Vacation and other leave: Length, year-end, holiday shifts, holidays and additional licenses, etc.
e) Provisions on employment and recruitment: A term of employment, provisions on temporary contracts and subcontracting.
f) The rights of union: Collection of union dues (payroll deduction), union activities and permissions, permits and other assemblies.
g) Promotions and promotions: Mechanisms to fill vacancies, terms and conditions of learning, transfer, transfers, contracts, etc.
h) Safety and Health at Work: Aspects of occupational safety, health conditions, levels of heat and humidity, noise, lighting and ventilation, quality of furniture, etc.
i) Training: Training programs, paid leave, internal training, external training, fellowships, study aids, etc.
j) Disciplinary: Sanctions for breaches of discipline and consequences for their repetition. Mechanisms to communicate the warning (who and how), the right of appeal, the employee evaluation mechanisms and the corresponding right to review by the employee, all concerning the rules of order and security.
k) Organization of work: measurement and time control system, teamwork, levels of employee participation in decision-making in the business, etc.
l) Implementation of the agreement / contract and control mechanisms and conflict resolution: Sanctions envisaged for the part that does not comply with the terms of the agreement / contract, dispute resolution procedures conflict.
Currently in our country there is a high turnover of workers, and we found that most of these have no more than five years old in business, is that the above points are not being met fully.
E) Development of Negotiation.
In this part of the process, negotiators should claim all their arguments and counter arguments prepared in the previous stage and to develop strategies and tactics studied.
It should be noted that the process requires a clear direction and that is both a mechanism to legitimize the leaders and fortifications of the organization.
First it is necessary before the start of the talks or failing at the first meeting, set the ground rules on the procedure and development of the negotiation, for example, leaving in place all those points where and (for response to the project) there is agreement.
Among the minimum that must be reconciled, are:
a) timetable and schedule of meetings, the mechanism should be flexible enough for the dynamics of negotiation.
b) Location of the meeting, ideally a neutral or, if conditions exist, ie, once at the offices designated by the company and in another place specified by the union.
Conduct of meetings: Usually moderated the meeting, one that makes a homeowner. If the neutral site should reach agreement on who will moderate. The President of the union or bargaining group leader, should not make this work, since, in general, who performs work of moderator is neutralized.
Finally, in this matter, contact with the bases is essential because the assembly will be the means of keeping members informed of the development of negotiation and will be this instance, at most democratic body, who must approve or rejection of the final draft submitted to it.
F) After the Firm.
The immediate subsequent step is the assessment and monitoring of the agreements reached during the negotiations done.
assessment, will note the errors and shortcomings that have been committed, it will begin to consider measures to be taken to overcome them. Similarly, to assess and recognize the capabilities and achievements of the negotiating team and individual members, it will seek to maintain and deepen these strengths.
a) personal assessment of each business, assessing the work in a team and each of the other members.
b) Evaluation of the objectives, check whether the strategies and tactics designed and used, help or hinder the negotiation.
c) Evaluation collective interested in knowing the degree of satisfaction or dissatisfaction of members, once the process.
As for the control of the agreements, that is, its practical application, should be permanent task of the organization and for this we must train workers on the agreement / contract, so that they know the contents of the agreement. One of the main reasons why someone does not exercise a right that belongs, is unknown and this is a mechanism to involve all workers in the process of monitoring compliance with the contract.
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