The Substantive Agreements
Collective bargaining can only take place if the parties concerned have mutually recognised each other for this purpose.20 Such recognition may be voluntary, as is the case in some countries where it is based on agreements or good practice. However, in order to protect the refusal of some employers to negotiate with trade unions representing the workers concerned, many countries have adopted legislation obliging employers to recognize a trade union under certain conditions for collective bargaining21 In such cases, whether or not an employer is required to recognise a trade union for this purpose normally depends on the definition of trade union representativeness. Organizations with regard to those who try to represent them. In accordance with the above, this point should be defined to a large extent where it is considered necessary to define by law the purpose to which the right to bargain collectively extends. In some countries, case law distinguishes between issues that the parties must negotiate when one of the parties so requests and issues on which the parties may voluntarily negotiate if they so agree. Sometimes the legislation provides for the obligation to include provisions in collective agreements on issues such as. B the settlement of disputes relating to the interpretation and application of the Agreement. The relevant legal provisions generally stipulate that collective agreements are legally binding on the parties and on the members of any organisation that is a contracting party. There are also often provisions that have the effect of including the agreement in a contract or agreement, or of modifying the terms of a contract or agreement in force or subsequently concluded between the parties covered by the agreement.
The primary objective of national policy in this area should be to promote and promote free and voluntary collective bargaining that allows the parties to enjoy maximum autonomy, while creating a legal and administrative framework that they can use on a voluntary basis and by mutual agreement in order to facilitate the conclusion of collective agreements6. Provisions relating to collective agreements. I didn`t do it. These provisions generally concern the following: it is generally accepted that the obligation to promote voluntary negotiations with a view to regulating terms and conditions of employment through collective agreements implies an obligation to guarantee the parties concerned the right to negotiate collective agreements. If national circumstances so require, this may also imply the need to provide for a number of ancillary legal obligations in order for the right to collective bargaining to be effectively exercised in practice, including the obligation, under certain conditions, to recognise the party for collective bargaining purposes and to bargain in good faith with that party. National legislation sometimes obliges employers to ensure that workers are informed of the collective agreements applicable to them (cf. Recommendation No. 91, para.
8, paragraph 1). One of the main means used by Member States to fulfil these obligations is the adoption of labour rights which are often supported by other means such as collective agreements, arbitration awards, administrative provisions, decrees and ministerial decrees7. .