Collective labor agreements are a fundamental tool for ensuring balance between employees and employers, helping to prevent labor conflicts and maintain social peace. This article examines the main legal aspects related to the negotiation and conclusion of collective labor agreements.
What is the Purpose of Collective Bargaining?
According to the current legislation, collective labor agreements are conventions between employers and employees, aimed at promoting and defending the interests of the parties, preventing collective labor disputes, and ensuring social peace. These agreements can be negotiated at the level of the unit, group of units, sector of collective bargaining, or even at the national level.
Who is Obliged to Negotiate?
Under the law, collective bargaining is mandatory in units with at least 10 employees, as well as at the sectoral level of collective bargaining. Either party involved, be it employers or employee representatives, may initiate the negotiation.
Negotiation must begin at least 60 days before the expiration of an existing collective labor agreement, and the negotiation process is limited to 45 days, with the possibility of extension by mutual agreement of the parties.
Key Aspects of the Negotiation Process
The negotiation process involves following certain legally regulated steps:
- Convocation of the Parties: The employer is obligated to call all parties involved within 15 days from the start of negotiations and organize the first meeting.
- Information Provided by the Employer: At the first meeting, the employer must establish which public, and confidential information will be made available to employee representatives, such as the financial and economic situation, employment trends, or workplace health and safety measures.
- Negotiation Minutes: Each meeting is recorded in minutes signed by the parties involved, which includes details about the composition of the negotiating teams, the duration of the negotiation, the venue, and the meeting schedule.
Principles and Limitations in Negotiation
Equality and freedom of the parties are guaranteed by law, and any intervention from public authorities is prohibited. Furthermore, negotiated clauses cannot grant rights that are inferior to those provided in higher-level collective labor agreements or the applicable legislation.
Conclusion
Collective labor agreements are a crucial mechanism for regulating collective labor relations, protecting the interests of both employees and employers. Adhering to legal procedures and the principles of equality and freedom is essential for the success of negotiations.
If you intend to initiate collective bargaining or conclude such an agreement, it is important to prepare in advance and consult a labor law specialist to ensure compliance with all legal requirements and to promote a fair working environment.
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