Collective Agreement Meetings

Many employment measures may be subject to a collective agreement. This raises the question of how to negotiate this type of agreement during this period. How should a collective agreement be signed and enforced? As a general rule, third-party effectiveness allows individuals and trade unions to take legal action in the event of a breach of trade union agreements (in the case of trade unions, they have a special complaint for “anti-union behaviour”, which may lead to a judicial injunction to put an end to the behaviour and eliminate its effects). Even if the meeting takes place remotely, the principle of loyalty fully applies. This last point implies in particular the presence of all the members who negotiate at all the essential stages of the negotiation, otherwise the collective agreement is null and void. It is also possible (and more often in practice) that the provisions of collective agreements can be incorporated into individual employment contracts and can therefore be applied by the workers and not by the trade union. I believe that in the twentieth century collective bargaining has acquired its status as a cornerstone of democracy and as a means of promoting the growth of our economies and improving the economic status of workers, as well as as an instrument for the social partners to deal with crises in their workplaces and at national level. It also proved innovative for much of the twentieth century. Our challenge is to build on this rich institutional history and continue it into the twenty-first century.


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