ject in the event of simulation or fraud for the purpose of distorting, disregarding or impeding the application of labor legislation.
Article 95: Workers, without distinction of any kind and without
need for authorization in advance, have the right freely to establish
such union organizations as they may deem appropriate for the optimum protection of their rights and interests, as well as the right to join
or not to join the same, in accordance with law. These organizations
are not subject to administrative dissolution, suspension or intervention. Workers are protected against any act of discrimination or interference contrary to the exercise of this right. The promoters and the
members of the board of directors of the union enjoy immunity from
dismissal from their employment for the period and on the terms
required to enable them to carry out their functions.
For purposes of the exercise of union democracy, the bylaws and regulations of union organizations, shall provide for the replacement of boards of directors and representatives by universal, direct and secret suffrage. Any union leaders and representatives who abuse the benefits deriving from union freedom for their personal gain or benefit shall be punished in accordance with law. Boards of directors members* of union organizations shall be required to file a sworn statement of assets.
Article 96: All employees in both public and the private sector
have the right to voluntary collective bargaining and to enter into collective bargaining agreements, subject only to such restrictions as
may be established by law. The State guarantees this process, and
shall establish appropriate provisions to encourage collective relations
and the resolution of labor conflicts. Collective bargaining agreements cover all workers who are active as of the time they are signed,
and those hired thereafter.
Article 97: All workers in the public and private sector have the
right to strike, subject to such conditions as may be established by
law.
