Rights and Duties of workers in the business environment. Every one of the basic rights of workers is an almost exact reproduction of constitutional precepts, which in this way sufficiently justifies their qualification as basic and fundamental.
The worker must: carry out the work diligently, comply with the working hours, follow the employer’s instructions, refrain from carrying out activities in competition with the employer, keep professional and business secrecy, protect the interests of the employer, among others. The rights of the workers are inalienable. This is only a summary of the worker’s basic rights, which can vary depending on the case.
Everyone has the right to work and the duty to work. The State will guarantee the adoption of the measures to get productive employment, which provides them with a dignified existence and guarantees the full exercise of this right. It is the purpose of the State to promote employment. In this article, we take care to highlight some duties and rights of workers in their work area so that everyone can get into context.
Some of the best-known Rights and Duties of Workers
Workers shall have the right to carry out their work in a suitable and conducive work environment for the full exercise of their physical and mental faculties, guaranteeing adequate safety, health, and well-being conditions. In exercising it, they will have the right to:
1. Be informed before the start of their activity of the conditions in which it will develop.
2. Receive theoretical and practical training, sufficient, adequate, and periodically, in the prevention of work accidents and occupational diseases, and in the use of free time and of rest when entering work. This training must be given within the working day and, if it occurs outside of it, deduct from the working day.
3. Participate in the surveillance, improvement, and control of working conditions and environment, in the prevention of occupational accidents and diseases, in the improvement of living conditions and recreation programs, use of free time, rest and social tourism and infrastructure for its operation, and the discussion and adoption of national, regional, and local policies, by the branch of activity, by company and establishment.
4. Not to be subjected to dangerous or unhealthy working conditions that, according to existing technical and scientific advances, can be eliminated or mitigated with modifications to the production process or facilities or jobs or through collective protections.
When the previous is not possible, to be provided with the implements and personal protective equipment appropriate to the working conditions present in the workplace and to the tasks performed following this law, its regulations, and collective agreements.
5. Refusing to work, to walk away from an unsafe condition, or to interrupt a work task or activity when, based on your training and experience, you have reasonable grounds to believe that there is an imminent danger to your health or life without it being considered as job abandonment.
The worker will notify the prevention delegate and the immediate supervisor of the situation. The activity will resume when the Occupational Health and Safety Committee determines it. In these cases, the employment relationship will not be suspended. The employer will continue to pay the corresponding salary and compute the duration of the interruption to the worker’s seniority.
6. Report unsafe or unhealthy working conditions to the immediate supervisor, the employer, the union, the Occupational Health and Safety Committee, and the National Institute for Occupational Prevention, Health and Safety; and receive a timely response.
7. Report to the National Institute for Occupational Prevention, Health, and safety any violation of the working conditions and environment, when the fact requires it or when the employer does not correct the reported deficiencies on time; as well as any breach in the programs for recreation, use of free time, rest and social tourism, and in the construction and maintenance of infrastructure for its development.
8. Accompany inspection officials carry out their inspection work in companies, establishments, or farms.
9. To be relocated from their jobs or adapt their tasks for health, rehabilitation, or labor reintegration.
10. That preventive health examination gets carried out periodically, and full access to the information contained therein, as well as the confidentiality of their results in front of third parties.
11. The confidentiality of personal health data. In such cases, they can only be communicated with the prior authorization of the worker duly informed; this knowledge is limited to medical personnel and the corresponding health authorities.
12. Actively participate in recreation programs, use of free time, rest, and social tourism.
13. Freely express their ideas and opinions, and organize to defend the right to life, health, and safety at work.
14. To be protected from dismissal or any other type of sanction for using the rights enshrined in this law and other norms that regulate the matter.
15. Defense in the event of imputations or complaints that may lead to sanctions under this law.
16. The privacy of your correspondence and communications and free access to all data and information relating to you.
17. Receive timely benefits and compensation contemplated in this law.
The basic labor rights and duties that the workers of any company have
Basic rights of workers
– The right to freedom of association.
– The right to collective bargaining.
– The possibility of adopting collective conflict measures.
– The right to strike.
– The right to assemble.
– The right to receive information, make inquiries and actively participate in the company.
Apart from these basic rights, others have to do with day-to-day work. They are these:
– The right to effective occupation.
– The right to promote oneself in the workplace and to access professional training. This includes all the training aimed at adaptations of the job.
– The right not to be discriminated against. Therefore, it is impossible to discriminate based on sex, marital status, age, racial or ethnic origin, social condition, religion or convictions, political ideas, sexual orientation, whether one is affiliated with a union, etc or not. Nor will it be possible to discriminate for language reasons while within the State or for reasons of disability.
– Protection of physical integrity.
– Another essential right is respect for the privacy of the worker and the preservation of their dignity. No employee may be harassed for any reason, especially for the causes exposed as grounds of discrimination.
– Right to collect the salary promptly, whether it is the one legally established by the collective agreement or the one that has been agreed in the employment contract.
– The right to individually exercise the actions derived from the employment contract.
Rights derived from the employment contract
An employment contract implies rights for the worker, which become obligations for the employer. The rights of workers are:
– Right to effective occupation during the working day. This right implies the obligation on the employer’s part to provide the worker with a job in a real and adequate way.
– Right to promotion and training at work, that is, the power to access a more qualified, better-paid job, or better expectations based on experience and professional merit, and the right to get permits to attend training and improvement courses.
– Right not to be directly or indirectly discriminated, or once employed, for reasons of sex, marital status, age within limits set by this law, racial or ethnic origin, social condition, religion or convictions, political ideas, sexual orientation, affiliation, or not to a union, as well as for reasons of language.
– Right to their physical integrity and an adequate health and safety policy at work. With this, we refer to the policies for preventing occupational risks: to the set of powers or measures adopted or provided for in all phases of the company’s activity to avoid or reduce the risks derived from work.
– Right to respect for your privacy and due consideration for your dignity, including protection against harassment on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, and against sexual harassment and harassment on the grounds of sex.
– Right to timely receipt of the agreed or legally established remuneration. It is the right to salary, which must be paid on the agreed date and place.
– Right to individual exercise of actions derived from their employment contract, that is, the right to go to court to defend their rights and interests.
Duties derived from the employment contract
The obligations contracted by the worker become the rights of his employer. The duties of the workers are:
– Comply with the specific obligations of their job following the rules of good faith and diligence. The company will verify absences from work for health reasons, and the worker must allow their medical examination.
– Contribute to improving productivity. Like the previous one, it supposes, in this case, a concretion of the general duty to perform the work service with due diligence.
– Do not develop concurrent activities with the company.
– Comply with the safety and hygiene measures adopted, an issue related to safety and health at work, and the measures to prevent occupational risks regarding the obligations of the workers.
– And the other duties that are established in the employment contract.
These are just some duties and rights of workers in the workplace. There are many more that you can get to know through research and experience. People must take the time to know what their duties and rights are to ensure they comply with the law and ensure their well-being at work.