Collective Bargaining Agreement Vs Employment Contract

Conflicts between inter-professional agreements and enterprise agreements are resolved through the system of exemptions. If a company with its own enterprise agreement is also a member of an employer organization involved in the negotiation of collective agreements, that company will ensure that it is excluded from the scope of a sectoral agreement by the parties to this agreement. In this case, the company does not enter the scope of the inter-professional agreement and therefore cannot be covered by a decree on general applicability. In addition, any employer bound by an enterprise agreement may apply to be exempted from general application during the adoption of the decree. If that is the reason for their trap, the general applicability guidelines given by the Minister of Social Affairs guarantee that this exemption will be granted. [89] The Minister will not verify the equivalent compliance between the enterprise agreement and the inter-professional agreement. Nor is it mandatory that the enterprise agreement was concluded by the same union or union as the branch agreement, the only condition being that the enterprise contract be valid and binding. If the enterprise contract covers far fewer issues than the branch contract, it will always be a collective agreement that deserves an exception. The same applies when the level of protection of the enterprise agreement is lower than that of the inter-professional agreement. Unions must take this into account when entering into an enterprise agreement. 6 The binding nature of collective agreements and their effects on the individual employment contract, both at the national level[71] and at the international level[72] protect freedom of association. In a positive sense, this freedom implies the right to create and be a member of trade unions. But freedom is gradually thought out to protect the right not to be organized.

[73] This freedom is threatened by operating provisions: the provisions of collective agreements which, in one way or another, make union membership compulsory for workers of employers bound by the agreement. As a result, the content of these provisions is subject to strict control, both by national and international law. But not all closed shops are in violation of Dutch law. [74] Collective agreements may include the obligation to employ only workers who are members of a union. However, it is against the law to discriminate against unions by making union membership mandatory. [75] The Declaration of Generally Binding and Non-Binding Status excludes the closed operating provisions of the General Applicability Order. [76] The closed operating provision cannot therefore engage an employer who is neither a contracting party nor a member of the employer.