Principle Of Collective Agreement

Continuity of the Effects of Collective Agreements The normative effect of collective agreements means that their provisions automatically replace provisions in individual employment contracts that are less favourable to workers (Article 14 of the Employment Contracts Act). The content of a new agreement may deteriorate more favourable conditions if these conditions have been included in individual contracts resulting from a previous agreement, replaced by the new agreement (which is now applicable and introduced), provided that the new agreement contains a clause expressly stipulating that it is generally more favourable to workers (i.e. the “pejus derogation” under Article 15 of the Act). The provisions of collective agreements are therefore not a substitute for the provisions of certain contracts if they have been agreed directly between the parties to the individual contract and are more favourable to the worker. In other words, the acquired rights of workers on better terms of employment should not, in principle, be affected by a collective agreement, unless they were acquired on the basis of an earlier agreement, which was replaced by a subsequent agreement that dissolved it and which expressly contained a general clause of greater favour. If this is the case, the “conglobao” principle chosen by law as a criterion of greater ease means that one or the other particular aspect of the general conditions of employees can be aggravated (a situation characterized as infringement of acquired rights by derogation from a previous agreement). In the same article, the law also excludes the possibility of abolishing compulsory legislation or abolishing a certain type of supplementary social benefits. See also the arbitration award. The collective agreement guarantees the correct evolution of wages. To this end, he agrees with the minimum wages and general wage increases that form the basis of the employee compensation system. In addition, you can negotiate your personal increases. More detailed information about the collective agreement can be obtained from Shop Steward or pro employee council.

In the event of a conflict, Pro members can get assistance from the Shop Steward and the Union staff council. The general term refers to agreements between unions and employers or employers` organizations (see ability to enter into collective agreements) to regulate both individual labour relations and relationships established directly between the signatory parties (see below, content). The Portuguese Constitution lays the groundwork for the legal institutionalization of collective bargaining by giving trade unions the power to exercise the right to negotiate (Article 56, paragraph 3, paragraph 4). The normative effects of collective agreements are expressly recognized by law (Article 12, Employment Contracts Act), which is one of the sources of employment contract law (see sources of labour law). Thus, the provisions of collective agreements apply directly to individual labour relations and replace all contractual conditions less favourable to the workers concerned.

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