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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