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What Is A Collective Agreement In A Contract

A collective agreement is a collective agreement on working conditions such as wages and public holidays between a company and a union („specific collective agreement“) or between the employer organization of a given branch and the union („sector collective agreement“). Always check the collective agreement that respects your job when you start your new job. Information about benefits and rights guaranteed by the collective agreement is often valuable. The collective agreement binds signed union members and employers who are members of an employer union that signed the agreement. These agreements are considered normally binding. As a general rule, the negotiation of the first collective agreement lasts up to six months. Negotiations on renewal agreements will also take a few months, but the old agreement will remain in force during negotiations. However, your business may also be subject to the rules of a collective agreement if you have acquired activities and workers under a collective agreement in connection with a merger or merger and you have not taken the opportunity to waive the collective agreement under Danish workers` law in the event of a business transfer. Once an interim agreement has been reached between the employer and union representatives, each union member has the opportunity to vote in favour of its acceptance or rejection.

If at least 50% of union members who vote accept the agreement, it becomes legally binding. If union members do not accept the agreement, the employer and union representatives can continue negotiations. Alternatively, the union may call for a strike vote. In addition, a strike vote must obtain at least 50% of the vote. Very rarely, if a union cannot obtain ratification or strike authorization, it will waive its right to represent workers. A collective agreement can entail special rights for workers, including the law: the collective agreement covers them against arbitrary dismissals and dismissals, because the agreements provide for the rules to be respected in the event of dismissal, i.e. the so-called dismissal procedures. Can your business be covered in different ways by a collective agreement? Although the collective agreement itself is not applicable, many of the negotiated terms relate to wages, conditions, leave, pensions, etc. These conditions are included in a worker`s employment contract (whether the worker is unionized or not); and the employment contract is of course applicable.

If the new conditions are not acceptable to individuals, they may be contrary to their employer; but if the majority of workers have agreed, the company will be able to dismiss the complainants, usually unpunished. Collective agreements are used to supplement legislation or to negotiate scope-specific contracts. The main principle is that collective agreements cannot contain terms that are less than the statutory requirements. In addition, there are generally binding collective agreements. These important agreements also bind disorganized employers and workers who work for them. A collective agreement applies to your employment relationship if you are a member of the union, if your employer is a member of the employer organization and if the union and the employers` organization have negotiated a collective agreement. A collective agreement also applies when your employment contract refers to it or if your employer is part of an area where collective agreements are generally binding (for example. B, building cleaning, security services and others).