The precedence of collective agreements | Economy | EUROtoday

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The current modification of the foundations of collective bargaining, through which the Government has determined to offer precedence to regional agreements, has been described by unions and enterprise associations as disrespectful of the function reserved for us by article 7 of the Constitution. The reform limits the function of collective autonomy within the group of the negotiating construction, which had been taking place within the successive reforms carried out relating to the concurrence of agreements, excluding the final profitable one, agreed in 2021, which aimed right the assault of 2012, which was not solely carried out with out the participation of the social companions, but in addition in opposition to social dialogue.

Now what was agreed in 2021 is partially amended, to prioritize regional collective agreements and, in some circumstances, provincial ones, with the requirement of a bolstered majority of their conception, and a extra favorable consequence of their utility. That is to say, this utility precedence is conditional on establishing a extra helpful regulation than the state sectoral settlement. The declare that the brand new settlement is extra favorable would require specifying whether or not mentioned situation ought to apply to each one of many issues addressed by the brand new autonomous settlement. It must be remembered the reluctance of the Supreme Court to glean within the evaluation and comparability between agreements. Thus, the brand new regulation leaves us with nice litigation to find out which agreements are extra favorable than others. Nor is the second of calculation of mentioned most favorable norm decided.

Therefore, it could possibly be argued that always the regional agreements have to be extra favorable than the state ones, and thus they need to be up to date because the situations offered for within the nationwide settlement enhance. However, it is also argued that probably the most helpful situation is simply enforceable on the preliminary second of the pact and, subsequently, that the enhancements within the state settlement wouldn’t be allotted to these of decrease scope. Problems which are reproduced with provincial agreements, solely within the occasion {that a} regional interprofessional settlement authorizes it, with the annoying issue that it isn’t foreseen what occurs within the occasion of competitors with regional sectoral agreements which have improved the regulation of the nationwide sector. It could possibly be argued that it’s a new “ground” for provincial collective bargaining, nevertheless, plainly the almost definitely factor is that it must be the autonomous negotiation that units the foundations.

Another added drawback will probably be that the regional and provincial utility precedence will probably be embedded amongst issues reserved for the state stage – probationary interval, contracting modalities, skilled classification, most annual working hours, disciplinary regime, minimal requirements for the prevention of occupational dangers and geographical mobility. — and issues reserved for the corporate settlement—credit score or compensation for extra time, remuneration and shift regime, distribution of time and holidays, adaptation to the corporate of the skilled classification system and conciliation measures.

We worry that this rule can have a unfavourable affect on sectors with sturdy state regulation, corresponding to dependency or development, and that it’s going to carry confusion, litigation and battle to labor relations in our nation. To keep away from this, the time has come for a regulation that protects collective bargaining in every space, articulates it, organizes it and offers it with adequate sources for the efficient improvement of the constitutional mandate.

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