• No categories
Site Tools

Bona Fide Collective Bargaining Agreement

(e) “trade union” means an organization of workers in good faith that is the recognized or certified exclusive representative of the workers of an employer. Under this Regulation, the organisation of work is in good faith if: (c) The prevailing rate, fixed by a fixing of wages under the law, is a minimum rate. A contractor shall not be prevented from paying rates of pay higher than those in force at each place. The law does not affect or require the amendment of provisions of the Eu Treaties which impose higher cash wages or ancillary benefits than those contained in an applicable provision. However, where a determination of the applicable wage includes a provision for remuneration or ancillary benefits for a class of service agents higher than what is stipulated in an existing trade union agreement, the determination must be respected for all work performed on the basis of a contract subject to that provision. (a) the costs of catering, accommodation or other establishments shall not be included in the wages paid to a worker, in so far as excluded, in accordance with the terms of a bona foi collective agreement applicable to the worker concerned. (c) The employment service agreement referred to in point 3201.7 (or 3201.7 – provision of the Labour Code) means a provision, clause, amendment or other section of a collective agreement that defines or would define a program authorized under section 3201.7 (a) of the Labor Code. Such a programme is maintained for the sole purpose of complying with the requirements of Division 4 of the Labour Code and is managed separately from any other pension plan for workers. (j) Interpretation of the provisions on wages and ancillary benefits of the wage views adopted in accordance with paragraphs 2 (a) and 4 (c). Wage fixings issued for successor contracts under Section 4(c) must accurately reflect the rates and ancillary benefits set out in the predecessor`s collective agreement. However, failure to take into account the classification of the job contained in the collective agreement, the rate of pay or ancillary benefits does not relieve the successor contractor of the legal obligation to comply at least with the provisions of the collective agreement with respect to wages and ancillary benefits.

Since the obligations of the successor are governed by the provisions of the collective agreement, any interpretation of the provisions of the collective agreement on wages and ancillary benefits, where its provisions are unclear, must be based on the intention of the social partners, provided that such interpretation is not contrary to law. . . .

Latest News