1. The purpose
of the collective agreement is to determine
the working and employment conditions of
workers and to regulated relations between
employers and workers as well as their respective
organizations. The collective agreement
can also extend its legally recognized roles
to trade union organizations and improve
the guarantees protecting workers against
social risks.
2. The collective agreement is written
agreement relating to the provisions provided
for in Article 96-paragraph 1. The collective
agreements is signed between:
a) one part: an employer, a group of employers,
or one or more
organizations representative of employers,
and
c) the other part: one or more trade union
organizations representative of
workers. With derogations of the above principle,
during the
transitional period that there is no trade
union organization
representative of workers in an enterprise
or establishment, a collective
agreement can be made between the employer
and the shop stewards
who have been duly elected as per the conditions
of Section III,
Chapter XI.
3. The collective agreements is concluded
for a definite term or for an indefinite
term. When it is for a definite term, this
term may not exceed three years. At its
expiration, it shall remain in effected
unless it has been cancelled, on the condition
of keeping a three month’s notice,
by either party. When the collective agreement
is collective agreement is concluded by
shop stewards under the exceptional conditions
laid in paragraph 2 of this article, the
term of such agreements is not exceed one
year. When the collective agreement is concluded
for an indefinite term, it can be cancelled,
but it continues to be effected for a period
of one year to the party that forwarded
a complaint to cancel it. The notice of
cancellation doest not prevent the agreement
from being implemented by the other signatories.
Collective agreements shall specified their
scope of application. This can be an enterprise,
a group of enterprises, an industry or branch
of industry, or one or several sectors of
economic activities.
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