Administration Of The Collective Agreement Definition

Horizontal and Vertical Collective Agreements The Collective Relations Act distinguishes horizontal collective agreements, i.e. professional agreements that cover a group of workers identified for a particular occupation or job (. B, for example, an agreement for pilots) and vertical collective agreements, that is, . Sectoral agreements governing workers` industrial and labour relations, set for all employees in a particular sector (. B for example, an agreement for the textile industry or the banking sector). In Article 12, the law gives priority to vertical agreements which stipulate that they enter into force after publication and denounce horizontal agreements, even if the minimum duration of these agreements is not respected. This priority assumes, of course, that an organization that has signed the horizontal contract that has been terminated is also a party to the new vertical agreement, because only if this is the case will the relevant principles in terms of the right to negotiate and the scope of collective agreements can be respected. This is generally the case, as many vertical agreements are signed by a large number of primary unions, which may include trade unions. To see conflict between collective agreements . Content In principle, collective agreements can deal with all issues within the scope of the collective autonomy of social partners. However, there are a number of exceptions to this principle. On the one hand, the law gives a positive delineation of the content of the agreements.

Article 5 of the Collective Relations Act stipulates that they may govern the reciprocal rights and obligations of workers and employers; relations between states that are signatories to an agreement; dispute resolution procedures resulting from individual employment contracts, the introduction of conciliation, conciliation and arbitration mechanisms. This formulation reflects the distinction made by lawyers between the mandatory and prescriptive parts of collective agreements. In addition, the law (mainly in Article 6) contains a negative delineation of the content of the agreements. First, the general limitations arise from the limits of collective autonomy itself: collective agreements must not regulate economic activities with regard to the working time of companies, the tax system and price formation. Second, there are a number of limitations on autonomy arising from compliance with constitutional and ordinary provisions, a general restriction that stems from the hierarchy of legal sources that the law itself establishes, stating that collective agreements should not restrict the exercise of fundamental constitutional rights and should not benefit from binding legislation. The prohibition of trade union affiliations (closed store) is a consequence of this. It is also prohibited to violate the legal provisions relating to minimum working conditions; Only provisions that are more favourable to workers are allowed, whether they are created by individual autonomy or, as a general rule, collective autonomy. It should be noted, however, that in some cases the legal provisions prohibit the establishment of provisions different from those of the law by collective autonomy and, in other cases, prohibit the granting of more favourable conditions to workers (. B for example, immediately after the revolution, but still in the 1989 law on dismissal). Portuguese labour law has various such restrictions. In 1975 and 1976, a number of issues were completely or partially excluded from the jurisdiction of social partners (under the law), such as termination of the employment contract, fixed-term contracts and regulation of annual leave, public holidays and absences from work.