Some collective agreements refer to the general relationship between an employer or employer organisation and trade unions. These agreements generally address issues such as participation, negotiation procedures and the definition of common objectives related to future labour market developments and employers. Agreements are generally reached between federal employers` organizations and their central union counterparts at the federal level with the above themes. A collective agreement is obtained through negotiation. The Participation Act specifies that any trade union organisation and employers` or employer organisation has the right to negotiate in all areas that influence the relationship between the employer and the worker. This may be a settlement by an agreement not yet reached between the parties or a replacement of existing rules with new issues. A bargaining right for one party means an obligation for the other party to participate in the negotiations. However, there is no legal obligation to reach an agreement (for more information, see “Participation in the Work”). A collective agreement – notice periods should be agreed between employer and worker and specified in the employment contract.
The most common notice period is one month. Collective agreements are signed for certain periods, usually two to four years. A collective agreement is mandatory for both the employers` organization and its members, the union and its members, on the other. In addition, a collective agreement is generally also in practice, if not theoretically, for individual non-unionized workers and unionized workers who belong to a union other than the union that are part of the collective agreement, provided that (i) the worker works with collective agreement tasks and (ii) that the union to which the worker is affiliated is not bound by another collective agreement with the employer. As an employee of a company without a collective agreement, you must agree to your working conditions with your employer. This is done in your employment contract. Your employment contract defines the agreements that you and your employer have entered into that cover, in addition to the collective agreement, areas such as employment, form of employment, salary, overtime and all benefits. If you do not have a collective agreement, your employment contract must contain everything that is part of the collective agreement to allow you to work on a level playing field. The Employment Protection Act applies, including termination periods ranging from one month for a company employee to two years to six months for a person with 10 years of service. However, it is possible to reach a reciprocal agreement in which the worker accepts compensation instead of notice.
The choice is up to the employee. IF Metall Collective Agreement, pdf, opens in a new window If you work for a company without a collective agreement, there may be a good level of benefits in the form of a work-retirement solution, parental leave pay supplements and annual salary review. As a general rule, they are governed by a directive developed by the employer. Therefore, the employer can decide unilaterally and at any time to change the terms of the worst – without negotiating with you. We offer support and advice to our members on these issues. What exactly is a round of negotiations? It forms the basis of collective agreements and is a recurring event. The social partners are negotiating new agreements governing wages and working conditions and negotiations will take place in three general stages: priorities and requirements, negotiations on agreements and the signing of agreements.