A collective agreement regulates regulations and rights

A collective agreement is a form of contract voluntarily entered into by employers or employers' associations with trade unions or trade unions. A worker as an individual cannot conclude a collective agreement alone.

This contract regulates the mutual relations, regulations and rights of "third parties", which is its most important role. The contract defines the rights, obligations and ways of their realization in the employment relationship, the manner and procedure of settling disputes between the parties, the manner and procedure when the amendment of the contract may be requested, as well as the conditions and terms of termination of the contract.

The collective agreement must contain the following information: the names of the persons who conclude it (employer, subsidiary or association), the area to which it applies, the time for which it is concluded, the provisions on termination (termination) and the provisions for amendment and renewal of the contract.

in addition to the above information, this form of contract must also contain provisions on social peace, conditions for strike, the manner of cooperation between the union and the employer ... From a normative point of view, the contract must contain provisions on the conclusion and content of the contract, probationary periods, working hours, amount of pay, vacations and leave, occupational safety, notice period and other issues relevant to a quality relationship.

Before the employment itself, the employer is obliged to check the qualifications and other working abilities of the workers. Depending on the level of education, a probationary period is determined, which depends on the degree (education). If a termination of employment occurs, a notice period is served to protect one side or the other. The length of the notice period is prescribed by law.

The employer is obliged to take all measures to provide the worker with the highest possible health security. On the other hand, the worker must accept the training, be obliged to work with full attention and must warn the employer if it recognizes failures or deficiencies in the business.

A collective agreement is made in the interest of the worker. It only increases workers' rights, in relation to the Act and the employment contract itself. With a collective bargaining agreement, workers' rights become greater and serve as an additional guarantee in the event of a breach of that contract.

Author: M.T., Photo: Kzenon / Shutterstock

HR Basics: Employment Law 2e (October 2020)