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WORK CODE - Coggle Diagram

- - - - A Company Union cannot assume the affiliation and representation of workers who provide services in more than one company.
        In this way, a Company Union cannot have the legitimate representation of workers from 2 (two) different companies of the same class, since representations of this order in the union field are reserved exclusively to unions of an industrial nature.
        
        For its part, article 344 establishes:
        “To build a union of workers or professionals, at least fifty members are needed, and to constitute an employers' union, a minimum of ten who are totally independent from each other.
        
        The unions already constituted at the time of this Code, will have a period of one year to comply with the requirement indicated in the previous paragraph.
        Once this term has expired, the Ministry of Labor and Social Welfare will promote before the labor jurisdiction, the dissolution of those who have not obtained a sufficient number of members. "
        
        Article 347 on the other hand tells us: "Seventy-five percent of the members of every union will be Panamanians."
        
        And article 348 tells us: “It is forbidden for social organizations to name themselves in such a way as to mislead another existing one.
- - - - On the other hand, objections to the application for registration will only be formulated in the following cases:
        Article 354:
        
        If the union does not propose the purpose foreseen in the article. 2. If it was not constituted with the number of members established in article 344; or
        
        If the documentation required by article 352 is not properly presented.
        
        The registration of a union can only be refused:
        Article 355:
        
        When the interested parties do not promptly correct the errors or deficiencies that the Ministry has indicated to them in the manner provided in article 353;
        
        When, in the case of a workers' union, it is found that the union is evidently controlled by an employer, group or organization of employers; or
        
        In the case of a union constituted in violation of the provisions of article 346.
- - - - The Panama Labor Code, in article 362 says: The General Assembly is the highest authority of the Social Organization; In the same article, mention is made of their exclusive functions;
        
        Appoint the Board of Directors.
        
        The approval and modification of the Statutes.
        
        Set the amount of ordinary and extraordinary fees.
        
        Declare the strike.
        
        Agree to merge with other social organizations.
        
        Agree on the affiliation or federations, confederations or centrals, as the case may be.
        
        Decide on the expulsion of any member, or the imposition of disciplinary sanctions.
        
        Approve the annual budget prepared by the Board of Directors, and the salaries set for the Organization's officials.
        
        Review, if deemed appropriate, the agreements and decisions of the Board of Directors.
        
        Authorize investments and expenditures greater than one thousand balboas, unless the statutes indicate a lower sum. 11. Any other that the laws or the Statutes of the Organization indicate.
        
        The Quorum
        Certainly our Labor Code defines or conceptually delimits what is an ordinary Assembly from an Extraordinary Assembly. However, it is our concern to express some considerations in relation to the figure of the quorum contemplated in the labor legislation of articles 364 and 367.
        In Article 364 of the Labor Code we can infer the following elements:
        The quorum in the assemblies is constituted by two thirds of the members of the Organization, who in no case will be allowed to represent others.
        If a quorum is not obtained, the attendees or the Board of Directors may call for a new meeting on another day, which may be verified as long as the majority of the members are present.
        If there is no quorum on this second occasion, the attendees or the Board of Directors may convene in the same act for another meeting, which will be validly verified at any time and regardless of the number of members that attend.
  - - - And article 372 tells us that:
        "The Board of Directors is empowered to agree on the termination of the strike declared by the union, except that when the declaration was made, the assembly had expressly reserved that power."