Collective agreement

In certain legislations (Law the labor), a Collective agreement of work (CCT) at the national level (CCN) is an agreement between organizations of employers and Syndicat S of recognized employees. For a given activity and a territory, it frames and regulates the work contracts and their execution.

Interest and needs for the collective agreements

Each trade has clean constraints. In the countries having an important legislative framework for work, this legislative framework could not claim to cover all the cases. The collective agreements thus make it possible to adjust the application of the laws according to the context.

The collective agreements make it possible to take into account specificities of each trade, in particular the disparities of organization (continuous fire factory, clerical work to fixed hours, professions of the leisure working the normally been unemployed days…), the painfulness of work and social conditions particular (for example, the infrastructure of transport).

In all the cases, the collective agreements allow:

  • for the workers, to have a framework for the work contract, which makes it possible to guarantee work conditions and of income has minimum ;
  • for the employers, to guarantee a social peace by defusing the total conflicts by the negotiation.

The collective agreements can apply to:

  • the whole of the workers,

  • an geographical area,
  • professional branches,
  • a company whose leader belongs to an employers' association.

In Belgium

The collective agreement of work (CCT) is an agreement concluded between one or more organizations from workers and one or more organizations from employers or one or more employers. It governs the individual and collective relations between employers and workers within Entreprise S or in branches of activity and defines the rights and duties of the contracting parties.

One distinguishes the sectoral CCT (specific to branches of activity) and the intersector CCT. The first can be consulted on the site of SPF Emploi, work and social dialog; seconds on the site of the National council of work.

The collective agreement of work constitutes in the Law the labor an important source. Although the contents of conventions belong to the contractual freedom of managements and labor, contrary provisions with the higher sources of laws (international agreements, laws, decrees…) are regarded as null.

Statutory texts

sectoral Collective agreements of work:

  • Law of December 5th, 1968 on the collective agreements of work and the joint committees;

  • Stopped royal of October 21st, 1969 indicating the control agents of the application of the law of December 5th, 1968 on the collective agreements of work and the joint committees;

  • Stopped royal of November 6th, 1969 determining the general methods of operation of the commissions and the equal sub-commissions;

  • Stopped royal of November 7th, 1969 laying down the methods of deposit of the collective agreements of work.

External sources & bonds *

  • Official sites and free , other sites leads to a paying consultation!

  • Collective agreements Up to date, to download free.
    • Collective agreements on the Légifrance site - to consult and download its convention
    • Collective agreement, a file of the site Service-public.fr
    • National Collective agreements: 3 National Collective agreements of the Use in Residence in free remote loading on the site of the FEPEM, the Federation of the Private individuals Employers | Paid of the private individual employer; Maternal assistants of the private individual employer; Gardeners & garden guards of private properties.

  • Collective agreement of work in Belgium on Wikinations.be

  • ''' CCT and joint committees in [[Belgium] ]

In France

In France, the collective agreements specify the provisions of the Labor regulation. In general, of the provisions more favorable to the Salarié than the Labor regulation are applicable (, except if they are contrary with a more important text (civil code, constitution, etc).

On the other hand, generally speaking, (there are exceptions) an collective agreement can comprise clauses less favorable to the employee only the Labor regulation.

The collective agreement defines the rules whereby is exerted the right of paid to the collective bargain of the unit of their work, professional training, condition of uses and their social guarantee. It can exist collective agreements which them defines only part of the points above.

An collective agreement is relative to a type of activity. It can also be national or restricted with an area, at a department, even specific to a company or an establishment.

Initially, the collective agreements related to only the companies signatories. The majority of the collective agreements were extended to all the companies of the branch concerned with stopped of the Minister for Labor. Almost the whole of the French companies thus concern an collective agreement whatever their activity and their size. The Work contract must obligatorily mention the collective agreement which the company concerns, and a specimen must be available for consultation in the company by the employees.

There exists a National Commission of the collective bargain, formed by the ministers in charge for employment, the Agriculture and the economy, and by representatives of the national unions. This commission is charged inter alia examining the evolution of the laws governing the collective agreements, like delivering an opinion on the settled S of extension or widening of the collective agreements.

The creation of the collective agreements was adopted the March 25th 1919, but they will be really applied starting from the Popular front, in 1936.

In Switzerland

In Swiss, the first collective agreements were signed by corporations: after the carpenters of Geneva in 1857 and the typographers of Saint-Gall in 1861, such conventions were negotiated on the federal level by the brewers in 1906, the typographers the following year and the plumbers in 1911. In 1937, the collective agreement of metallurgical industry introduces the concept of Paix of work , implying the renouncement of the right of the Grève and that of the Lock-out . This concept will extend gradually to cover the unit with the collective agreements of work, made compulsory by the Federal council in 1943.

See too

Related articles *

  • Labor regulation: and following,
R 132-1 and following

  • alphabetical List of the French Collective agreements and by number of booklet

  • List of the French Activities NAF by code and alphabetical list

External sources & bonds *

  • Collective agreements Up to date, to download free.

  • Bond to seek a French collective agreement on the Légifrance site: the banner page is a form which allows, with the n° booklet (or the name, or the name of a trade), to consult and even télécharger its convention.
  • List of the national and regional collective agreements in France at the 10/1/2006
  • collective agreement in consultation, remote loading, version delivers or CD
  • the collective bargain in 2004
  • Collective agreement of work Suisse (only wide CCT)

References

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