Collective bargaining can only take place if the parties concerned have mutually recognized each other for this purpose.20 This recognition may be voluntary, as is the case in some countries where it is based on agreements or established practice. However, in order to protect against the refusal of some employers to negotiate with the unions representing the workers concerned, many countries have adopted legislation requiring employers to recognize a union in collective bargaining, subject to certain conditions.21 In such cases, the question of whether an employer is required to recognize a union for this purpose generally depends on the definition of the representativeness of organizations with respect to employers. they want to represent. Union. Section 2, paragraph 1 of the Commercial Disputes Act [Chapter 47:01] defines a collective agreement as « a written agreement on the employment regime between one or more registered unions or branches or, in the absence of such an organization, representatives of the workers properly elected and empowered by them and one or more registered employers or employers`. » It is generally accepted that the obligation to promote voluntary negotiations to regulate conditions of employment through collective agreements implies the obligation to guarantee the right of the parties concerned to negotiate collective agreements. If national circumstances require it, it may also involve the need to provide for a number of subsidiary legal obligations so that the right to collective bargaining can be effectively exercised in practice, including the obligation, under certain conditions, to recognize the party to collective bargaining and to negotiate in good faith with that party. The legal provisions in this area generally stipulate that collective agreements are legally binding on parties and members of an organizing party. It is common to include provisions that involve the inclusion or modification of the agreement in the terms of a contract or agreement that come into force between the parties covered by the agreement or that will be concluded at a later date. As a general rule, the legislation provides that the agreements are concluded in writing, indicate the parties to the agreement, are signed by the representatives of the parties and indicate the date of their entry into force.
They sometimes require parties to include provisions on specific substantive issues, such as dispute resolution procedures arising from the agreement.B. Section 33 (1) of the Trade Union and Employers` Organizations Act provides that each party to a collective agreement files a certified copy of the agreement with the Labour Commissioner within 28 days of the conclusion of the agreement. An extension or amendment to such an agreement should also be presented. The Commissioner is entitled to withhold the registration of such an agreement if he believes that the agreement is « contrary to a provision of that law or another written law » (see section 33, paragraph 3). Any interested party who is irritated by such a withholding order can file an appeal with the Minister whose decision is final: see section 33, paragraph 4. 93. If an employer (or employer) enters into a collective agreement with a union or workers` organization, that agreement should be written and there should be provisions for future changes, interpretations and dismissals by either party under certain conditions. In accordance with the above, if deemed necessary, the purpose of the right to collective bargaining should be the subject of legislation, which should be broad. In some countries, case law (jurisprudence) distinguishes between the issues on which the parties are required to negotiate if one of the parties requests it and the issues on which the parties can negotiate voluntarily when they agree.
Legislation sometimes provides for the obligation to include provisions in collective agreements relating to specific matters. B such as the settlement of disputes relating to the interpretation and application of the agreement.