What Is The Difference Between A Collective Agreement And Employment Contract

Pay-per-view agreements offer flexibility at the level of each employee. Framework agreements allow specific agreements to be obtained at the company level. [112] The enterprise contract could be concluded by the local union, but also by the Works Council. In the latter case, it does not have the same force as a collective agreement, unless it is included in the collective agreement (considered to be). [113] In this process of decentralization, the relationship between unions and business committees has changed considerably. Primary working conditions remain a prerogative of trade unions, but enterprise committees are seen as strategic partners rather than competitors. It is not uncommon for collective agreements to order enterprise committees to implement specific regulations at the enterprise level. [114] In the Netherlands, collective agreements are a means of organizing work and a means of protecting workers from the unequal bargaining powers of employers. Especially in the post-war period, the government kept the level of wages under strict control. Each collective agreement was prescriptive in the sense that more advantageous and less advantageous provisions were contrary to the law.

This situation has changed considerably: collective agreements are now mostly minimum rules. [80] But it is based on practice, not law. If the social partners do not want employers to pay higher wages or bonuses than those provided for by the collective agreement, they can simply make the collective agreement mandatory in the absolute sense of the word. It was not uncommon for Dutch collective agreements to contain provisions such as exceptions to this agreement, unless this provision was expressly provided for in the provision [81] or even that exemptions from that agreement were not allowed, even if they were more favourable to the worker. [82] Today, collective agreements often contain provisions that allow only more favourable provisions,[83] both in general and on a case-by-case basis. But it still implies that the parties could have defined something else. [84] Case law in this area is rare and inconclusive. [85] [112]. The framework agreements will contain the limits of this agreement. In a so-called multilayer agreement, some issues are dealt with in the branch contract, while others still need to be decided at the enterprise level: K. Schilstra – E.

Smit, Drie scenarios voor de belangenbehartiging van werknemers, SMA 1996, p. 121.