Substantive Agreements Define

National legislation sometimes explicitly defines the parties entitled to negotiate collective agreements and the level at which negotiations can take place. The parties between which negotiations can take place are generally defined as workers` organizations (or unions), on the one hand, and individual employers, several employers negotiating together or employers` organizations, on the other. Collective bargaining can only take place if the parties concerned have mutually recognized each other for this purpose.20 This recognition may be voluntary, as is the case in some countries where it is based on agreements or established practice. However, in order to protect against the refusal of some employers to negotiate with the unions representing the workers concerned, many countries have adopted legislation requiring employers to recognize a union in collective bargaining, subject to certain conditions.21 In such cases, the question of whether an employer is required to recognize a union for this purpose generally depends on the definition of the representativeness of organizations with respect to employers. they want to represent. Consistent with the emphasis on voluntary negotiations and the free choice of parties to the negotiations, international labour standards define a broad definition of collective bargaining and its purpose. Article 2 of Convention 154 defines collective bargaining as broad: it is generally accepted that the obligation to promote voluntary negotiations to regulate conditions of employment through collective agreements implies the obligation to guarantee the right of the parties concerned to negotiate collective agreements. If national circumstances require it, it may also involve the need to provide for a number of subsidiary legal obligations so that the right to collective bargaining can be effectively exercised in practice, including the obligation, under certain conditions, to recognize the party to collective bargaining and to negotiate in good faith with that party. As a general rule, the legislation provides that the agreements are concluded in writing, indicate the parties to the agreement, are signed by the representatives of the parties and indicate the date of their entry into force.

They sometimes require parties to include provisions on specific substantive issues, such as dispute resolution procedures arising from the agreement.B. Collective agreements should bind the signatories and those in whose name the agreement is concluded. Employers and workers who are bound by a collective agreement should not be able to include provisions in employment contracts contrary to the provisions of the collective agreement29.

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