Are Collective Agreements Legally Enforceable Mcq

As soon as the commencement of collective bargaining has been denounced, whether or not effective negotiations have taken place, either party may designate the Minister to appoint a conciliator or conciliator to assist in reaching an agreement. The request must be accompanied by a statement on the difficulties encountered by the parties during the negotiations that have taken place so far. (a) every collective agreement must include a recourse procedure to settle disputes without a stoppage of work concerning the application, interpretation and management of the contract. If a collective agreement does not contain such a provision, the agreement provides for such a procedure under the Labour Relations Act. In the case of an issue that has been the subject of negotiations between the employer and the workers or that is part of a collective agreement, the information should make explicit reference to it. If no collective agreement is in force and no trade union is certified in accordance with the law, an application for certification may be submitted at any time to the Labour and Employment Authority. All defined workers in a bargaining unit represented by a union can legally strike or be locked out by an employer, with the exception of those who work as firefighters and police officers and do not have the right to strike. 15. Can changes be made to a collective agreement? Consultation should not be seen as a substitute for collective bargaining. Question: Does the inclusion of employee representatives in the restructuring/sale processes of companies fall within the scope of collective agreements? Measures should be taken, in accordance with national rules and procedures, to allow for voluntary negotiations between company representatives and workers` representatives on the regulation of wages and conditions of work and employment through collective agreements. [6] A collective agreement is a written agreement between an employer and the union representing the employer`s workers, which contains provisions that respect the terms and conditions of employment, rates of pay, working time and the rights and obligations of the contracting parties. Normally, the agreement is valid for a fixed period, such as one, two or three years, but not less than twelve months.

Under certain conditions, amendments to agreements are made by mutual agreement during the term of the contract in order to take account of special circumstances. Collective agreements should include a mechanism for the settlement of disputes concerning their interpretation or application and the guarantee of reciprocally respected rights and obligations. [11] Answer: Collective bargaining must be conducted voluntarily, freely and in good faith. The parties are free to participate in the negotiations and there should be no interference by the authorities in their decisions. . . .