Collective Agreement Employment Law

The collective agreement binds the members of the signed unions and the employers who are members of an employers` union that has signed the agreement. This type of agreement is normally considered binding. A collective agreement may entail special rights for workers, including the right: for example, if your company joins an employers` organisation that has concluded a collective agreement with a workers` association/trade union. Content Collective agreements can in principle deal with all matters relating to the collective autonomy of the social partners. However, there are a number of exceptions to this principle. On the one hand, the law establishes a positive delimitation of the content of the agreements. Article 5 of the Collective Relations Act stipulates that they may regulate the reciprocal rights and obligations of workers and employers; the relationship between the signatory parties to an agreement; and procedures for the settlement of disputes arising from individual contracts of employment, the introduction of conciliation, mediation and arbitration procedures. This formulation reflects the distinction made by lawyers between the mandatory and normative parts of collective agreements. In addition, the law (in particular in Article 6) contains a negative delimitation of the content of the agreements.

Firstly, there are general restrictions which arise from the limits of collective autonomy itself: collective agreements must not regulate economic activities, in particular as regards the opening hours of enterprises, the tax system and price formation. Secondly, there are a number of restrictions on autonomy arising from compliance with the provisions of constitutional law and general law, a general restriction that stems from the hierarchy of legal sources that the law itself establishes by stipulating that collective agreements must not limit the exercise of fundamental rights guaranteed by the Constitution or lead to binding legislation. The ban on trade union membership (Closed Shop) is a consequence of this. It is also prohibited for agreements to infringe the legal provisions on minimum conditions of work and employment; Only provisions more favourable to workers are permitted, whether introduced by individual autonomy or, as a general rule, by collective autonomy. It should be noted, however, that in some cases the legislation prohibits the establishment of systems of regulation through collective autonomy, different from those provided for by law, and, in other cases, prohibits the provision of more favourable conditions for workers (e.g. .B. immediately after the revolution, but still in the 1989 Dismissal Act). . . .