Analysis of ESO Management proposal Collective Bargaining 2016

Analysis of ESO Management proposal Collective Bargaining 2016

Analysis of proposals by Paranal-Vitacura-APEX Union and the replies proposed by ESO Management. Major improvements to current Collective Contract highlighted in green.

Type

Article

Why

Proposal

1

mod

I 1.02 – Validity

Modified according to the start of the new contract and for a period of two years.

Different

Management propose 3 years.

2

mod

II 1.02 – Real increase

6% nominal increase of salaries to compensate the cost of living.

Rejected

Management explains that salaries are already higher than market average and for almost every working post is higher than all the sample of their benchmark.

3

new

II 1.05 – Complementary Contribution to Pension Funds

We ask the Organisation, a monthly complementary contribution to the pension funds equivalent to 1.76 of the current employee contribution to his/her AFP.

This additional contribution should be sent to the APV (Ahorro Previsional Voluntario) account of each LSM via Depósito Convenido.

International Staff Members contribute with a 17% of their salaries and the Organisation with an equivalent of 30% of their salaries to their pension funds.

The ratio is 1.76, which is the same asked for Local Staff.

Information about “Depósito Convenido”,

http://www.spensiones.cl/portal/orientacion/580/w3-article-3014.html

Different

Management does not want to apply schema suggested by Union, but they suggest to increase the Organization contribution to current schema of pension improvement of Local Staff, which according to their report is in use by 80% of local staff.

Currently, if Local Staff would like to increase their pension, each one puts 0.5UF and Organization adds 1.5UF to a “Deposito Convenido”.

Management propose to increase the contribution by Organisation, during 2017 to 3.0UF and in 2019 to 4.5UF keeping the minimum contribution by Local Staff in 0.5UF.

4

new

II 1.06 – Contribution to Health Insurance

The Organisation will pay the 2/3 and the employee will pay 1/3 of their health insurance contribution (ISAPRE or FONASA) which is equivalent to 7%.

International Staff members have split their contribution in 2/3 paid by Organisation and 1/3 paid by the employee, which are the same asked for Local Staff.

Different

Management suggest to apply a different schema.

Currently, contribution to Welfare Fund is split 50% by Local Staff and 50% by Organization.

Management propose change to 40% by Staff and 60% by Organization. This decrease in the staff contribution would be an increase in their salary, although a small amount.

It means an increase of 0.5% of his/her basic salary.

As an example, if an employee today contributes with CLP 50.000, now, it would be $40.000.

5

mod

II 2.04 – Work in Case of Emergency

We ask for all time performed in emergency work to be paid and compensated in time.

Current article establishes a minimum of 2 hours to allow the employee compensate in time.

Different

Management proposes that between 0 and 2 hours of emergency work the employee could compensate 1 hour of rest.

6

new

II 2.0x – Equivalence of Days Spent on Trainings

We ask for the hours spent in training per day have the same equivalence to hours at employee’s working place.

Currently, most trainings are equivalent to eight (8) hours per day and working hours on observation site are ten (10) hours per day. Therefore, an employee in training must compensate a deficit of two (2) hours per day in training.

Accepted

This modification was accepted however including some other modifications in the units to account the working time and vacations.

Currently, ‘days’ and ‘hours’ are used to account for working hours.

Management suggest to use only ‘hours’, which will have the same meaning across all sites and shifts regimes.

In turn, ‘days’ would have an equivalence in ‘hours’ which will depend on the shift regime.

For instance, a ‘day’ in 8×6 shift will be 10 hours. Accordingly, an employee in such conditions that is in one day training will compensate 10 hours also, i.e. one of his/her ‘days’.

Vacation days accounting also changes.

Currently, Local Staff have 30 days of 8 hours of vacation, which is 240 hours of vacation.

Accordingly, an employee in 5×2 would keep an equivalent of 30 days and a employee in 8×6 would have an equivalent of 24 days because their days are 10 hours. In both cases the amount of vacation hours are the same.

5×2: day=8 hours, 30 vacation days

8×6: day=10 hours, 24 vacation days.

In this scheme if an employee in 8×6 regime takes a full shift of vacation will have to request just for 8 days.

7

new

II 2.0x – Compensation for Time Travelling

We ask for a compensation of the actual time spent on travelling to a duty or training travel.

Different

Management indicates that the compensation time for different destinations is already in circular #9.

That circular was addressed to International Staff but Management explained that the compensation must be the same. Accordingly, the table is added in article IV – 3.08 “Duty travel abroad”

8

mod

II 2.13 – Compensation for Temporary Functions

Modified to match with current activities.

Current definition of temporary activities does not apply.

Different

Values modified according to CPI.

Appendix was not accepted.

9

mod

II 2.14 – Allowance for fire fighters and rescue group

Updated the amount of compensation according to CPI.

Accepted

Additionally, insurance value is increased from 1000 UF to 2000 UF.

10

new

II 2.17 – Extra vacation day for transition between day and night

TIOs have an additional overhead switching between day and night.

Additional days of vacation are asked to mitigate this load.

Different

Management and Union directors agreed on a different schema after calculating the time spent during the day and during the night on each case.

Also, the free day must be taken during a specific time slot, is not accumulative on time.

TIO exclusively working on night shifts in Paranal: one extra day of leave will be granted every 4 months.

TIO working on a combination of day/night shifts La Silla: one extra day of leave will be granted every 6 months

TIO working 50% night turno in Paranal: one extra day of leave will be granted every 8 months

TIO at APEX: one extra day of leave will be granted every 12 months.

11

mod

II 3.01 – Termination of a contract

We ask for payment of indemnities as soon as the employee is notified of the dismissal.

Currently, those indemnities are withhold until employee resigns any further complain signing their finiquito.

Increase the limit of salaries to pay from eighteen (18) to twenty five (25).

Different

According to Article II 3.03 an employee can ask up to 50% of his accrued indemnities every 6 years.

Using that article, not a different one, an employee just notified of dismissal could ask up to a 50% of his/her indemnities.

It will change to UF or those advances done before 2006. See VI 1.02

In case of resignation number of years is reduced from 15 to 10 years to get the full remuneration.

12

mod

II 3.03 – Advance payments on termination indemnity

For those advances done before 2006 the calculation should be done also in UF.

Accepted

See article VI 1.02

13

mod

II 3.06 – Salary advances

Increase of the ceiling.

Different

Fixed ceiling modified to two basic salaries, which depends on each employee.

Only for social cases. DG decides.

14

new

II 3.07 – Prior notice

We ask that employees are notified 90 days in advance to the termination of their contract.

Rejected

15

new

II 4.01 – Recognition per years working at ESO

Local Staff Member will receive one (1) additional vacation day and one (1) additional step every five (5) years working continuously at ESO.

Different

Recognition at 25 and 35 years as stated in article II 3.07 Recognition of years of service in ESO Management proposal.

16

mod

III 1.03 – Vacation bonus

Updated bonus according to CPI.

Different

It will be added to the Special Indemnity, therefore it will not pay taxes.

Value is independent of number of family members.

New value of CLP1.000.000 for each employee.

17

mod

III 1.04 – Carry-over of annual leave

We ask for a carry up to thirty (30) days of vacation to following year period.

Accepted

18

mod

III 2.03 – Special leave for a female Local Staff Member

We ask for a modification of current benefit to include Staff working in Vitacura offices.

Accepted

19

new

III 2.0x – Possible reassignment to Vitacura office

We ask for a modification to include male staff, for instance, when a close family member is sick and the person needs to be nearby.

Rejected

20

mod

III 2.11 – Administrative purposes

We ask for an increase from two (2) to three (3) days for administrative purposes for personnel with a 5/2 shift.

Not restricted to an Observation site, in order to include Vitacura staff.

Different

There is an additional day for people in observatories.

No modification for staff in Vitacura because they have flexible working hours.

21

mod

IV 1.08 – Working Clothes and Safety Elements

We specify the working clothes and safety elements as a minimum set , listed in an appendix.

Current specification and delivery of working clothes is difficult to implement.

Different

A working group will define the working clothes, this process should end before April 30, 2016.

22

mod

IV 2.03 – Ground transportation (Commuting)

We request a modification to add the urban areas of Colina, Puente Alto and San Bernardo, located in the Metropolitan area.

Different

For staff living beyond the limit of areas of agreed taxi coverage, Organisation will pay up to the defined limit and the difference will be paid by employee.

23

mod

IV 2.05 – Lunch and Transport Allowance for duty stations: Santiago, La Serena or Antofagasta

Updated allowance according to CPI.

Accepted

24

new

IV 2.06 – Transportation for Local Staff Member living in or at the south of Region del Bio Bio

Include in the Collective Contract the solution which is already applied on a trial basis for staff living in or at the south of Region del Bio Bio.

Accepted

25

new

IV 2.07 – Contribution to pay the taxi for people living in 5th region

Request a contribution when bus connection is lost after a flight is delayed.

Rejected

26

new

IV 2.08 – Contribution to pay transportation of additional flights

We ask for a contribution for employees taking an additional flight.

Rejected

27

new

IV 2.09 Transportation after a modification of schedule

Request of transportation no matter if the change was upon an operational or private request.

Different

To be added to transitory articles, a group will be created to study it and correct what could be wrong.

28

mod

IV 3.05 – Definition of family members

Increase the age of dependant children to 28, based on Art. 236, 321, 323 and 332 of the Chilean Civil Code.

Rejected

29

moved

Section 6: Recreational, cultural and social activities

Moved to ‘Chapter V Social benefits – Section 7: Recreational, cultural and social activities’.

Rejected

30

new

IV 6.01 – Assistance of a Medical doctor

Request of assistance of a medical doctor 24 hours every day in all the sites

Different

A telemedicine support was discussed and will be studied as explained in transitory article VI – 1.06.

31

new

IV 6.02 – Support in medical emergency

The Organisation shall coordinate proper support to people leaving an observation site to stay in the nearest city in need for emergency medical treatment.

Rejected

32

new

IV 6.03 – Transportation in case of emergency

The Organisation will provide air transportation for observation site and ground transportation for Vitacura offices on medical emergency, with medical doctor’s care during the transport.

Rejected

Still under study, since it seems that air transport is not the best solution, it does not mean a big gain on time.

33

mod

V 1.01 – Medical examination

Modified date according to the period of this Contract.

Added two exams: Insulina Post Carga and Hormona Tiroideas.

Removed the paragraph in which the the Organisation pay the part that was not paid by employee health insurance, with a payment by Organisation.

Different

Procedure clarified. Also it can be done in any clinic now.

The interested person has to contact HHRR then they get the medical order and the person can take it and go to any clinic.

34

new

V 1.0x – Additional medical exams for APEX staff

We ask that APEX staff will be subject to ‘big effort test’ additionally to those specified in ‘V 1.01 – Medical examination’.

Rejected

The test is not helping to conclude that the person is suitable to work at high altitude.

35

mod

V 3.01 – Financial support in case of death

In the event of the death of a Local Staff Member, we ask that the Organisation keeps the benefits of Welfare Fund and and scholarship to her/his family.

Increase of the amount of financial support.

Different

Increase the value from $385.000.- to $500.000.-.

Also 3 basic salaries are increased to full remunerations.

36

mod

V 5.01 – Entitlement

We ask for an increase age limit from 25 to 28.

Rejected

37

mod

V 5.02 – Reimbursement and ceilings

We ask to set the ceiling for pre-school equal to school and university studies.

We ask for an increase of percentage of reimbursement to an 85% and its ceiling to CLP 7.500.000.

We ask to include studies abroad.

Different

Just one ceiling for preschool and school and University.

Preschool ceiling value increased from CLP 1.845.440 to CLP 5.500.000.-School and University ceiling value increased from CLP 4.334.562 to CLP 5.500.000.

In the case of having multiple children the sum of the individual ceilings is considered.

Transportation for University is also included.

Post graduated studies is included.

Allowed the reimbursement of studies abroad, included one flight trip.

38

mod

V 5.03 – Requests for reimbursement

We ask for an increase of the number of reimbursement requests from three (3) to six (6) per year.

Accepted

It will be now on line, done by each person.

39

moved

Chapter V – Section 7: Recreational, cultural and social activities

Moved from ‘Section 6: Recreational, cultural and social activities’.

Rejected

40

mod

V 7.02 – Christmas gifts bonus

Updated bonus according to CPI.

Accepted

41

New chapter ф : Union

New chapter is proposed, related with Union matters

Different

Not a new chapter, but a new section; section 7 in chapter IV.

42

moved

ф 1.01 – Support to the Union Directors

We ask that the work allocation for each Union Director will be limited to 0.8 FTE per year.

Accepted

As stated in IV – 7.01 in ESO Management proposal.

43

new

ф 1.02 – Union Directors exempted from job performance evaluation

We ask that Union Directors are exempted from job performance evaluation.

We ask they have granted one (1) step every year.

Rejected

44

new

ф 1.03 – Time for assemblies

We ask for time for assemblies.

Accepted

It will be granted but with the authorization of the site manager as stated in IV – 7.03.

45

moved

ф 1.04 – Support to the Bargaining Commission

Moved from Chapter VI: Transitory Conditions 1.08 – Support to the Union Directors

Accepted

Article IV – 7.02 in ESO Management proposal.

Transitory article VI – 1.08 defines the situation for advisors.

46

replaced

VI 1.01 – Transportation applicable for Local Staff Member living in the Region del Bio Bio and beyond “South”

This article was replaced by article IV 2.06 – Transportation for Local Staff Member living in or at the south of Region del Bio Bio.

Accepted

Article IV – 2.02 item 5 and VI – 1.03 in ESO Management proposal.

47

deleted

VI 1.02 – Air transport from La Serena to Antofagasta

This article delayed the application of a specific condition. It was applied as indicated in January 2015. Not necessary now.

Accepted

Article was removed.

48

deleted

VI 1.03 – Flexible working time

That announced flexibility is already applied in Vitacura.

Accepted

Article was removed.

49

mod

VI 1.04 – TIO in APEX

The monthly allowance increment by 5% for TIO in APEX will be maintained until the remote operation is implemented.

Accepted

It will be extended until the remote operation is working, which will happen most probably in March 2017.

50

mod

VI 1.06 – Night TIO at Paranal

An additional step for TIO in Paranal working 100% night time.

Different

TIO bonus

Paranal increased from 30% to 33%

La Silla increased from 24% a 27%.

APEX increased from 20% to 23%.

51

moved

VI 1.08 – Support to the Union Directors

This article was moved out the Chapter VI: Transitory Conditions into a new section on Union matters.

Accepted

52

mod

VI 1.09 – Additional payment concerning the special indemnity

We ask that the special indemnity Article II 3.04 will be incremented as follows: 18% in 2016, 18% in 2017. and a lump sum of CLP 1,000,000 will be additionally paid in 2016.

Different

Increased special indemnity as,

2016: 15%

2017: 15%

2018: 15%

Lump sum of CLP 400.000 in December 2016.

53

replaced

VI 1.10 – Emergency Transport

This article was replaced by ‘IV 6.02 – Transportation in case of emergency’.

Rejected

This situation is under analysis, no proposal yet.

54

new

VI 1.12 – Working beyond 65 years old

We ask that upon request by an employee, he/she could extend his/her working time up to 70 years old.

Rejected

A matter to be changed in RPL, not in the Collective Contract.

55

new

VI 1.13 – Flexibility time leaving an observation site

We request advanced up to 40 minutes the departure from an observation site if there is the opportunity to take an earlier flight.

Rejected

A solution is been analysed in Paranal, which is not part of this proposal.

56

new

Appendixes A to E

Some circular and memoranda were transformed into appendixes because they modify the working conditions, at the same level of the Collective Contract. Accordingly, they should be part of the Collective Contract.

Rejected

 

 

 

 

Modifications not proposed by Paranal-Vitacura-APEX Union

 

III 2.02

Special leave due to family

Additional days for adoption: 4 weeks

1 Additional day in case of parents death.

IV 1.01

Mountain allowance

8×6 and 7×7 shift increased from 14.5% to 15%.

5×2 shift increased from 19.5% to 20%.

IV 1.07

Invitation of members of the family

Invitation of 2 friends if LS does not have kids.

In the case of training transportation costs for people living in Santiago will be paid.

2 compensation days for person organising Olympics

Possibility to challenge result from ACHS if outcome is not good as a second opinion.

Recent Posts

Apoyo al Sindicato de Alma

El Sindicato del Observatorio Astronómico de Paranal le da todo su apoyo al Sindicato del Observatorio Astronómico de Alma durante su Negociación Colectiva 2018.

El Jueves 31 de Mayo, el Sindicato de Alma ha rechazado la última oferta entregada por la Administración y entra en el proceso de mediación durante los siguientes 10 días por parte de la Dirección del trabajo.

Les enviamos todo nuestro apoyo y toda nuestra fuerza.
Mucho éxito en esta difícil etapa.

Sindicato Paranal

  1. ¡¡¡Muchas gracias Nico!!! Comments Off on ¡¡¡Muchas gracias Nico!!!
  2. Reconocimiento del Sindicato a Tim y a Patrick Comments Off on Reconocimiento del Sindicato a Tim y a Patrick
  3. Visita de la Presidente Bachelet a Paranal Leave a reply
  4. #NiUnaMenos Leave a reply
  5. ¡Proyecto de Contrato Colectivo entregado! Leave a reply
  6. Visita de los Dirigentes a ESO Garching, Noviembre 2015 Leave a reply
  7. Situación de don Eugenio Ureta Leave a reply
  8. Reunión con Ángel Mellado en las oficinas de Vitacura Leave a reply
  9. Reuniones con Legisladores Leave a reply