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.
Article
: 97
The provision
of collective agreement shall apply
to employers concerned and all categories
of workers employed in the establishments
as specified by the collective agreement.
Article
: 98
The
provisions of collective agreements
can be more favorable toward workers
than those of laws and regulations
in effect. However, the collective
agreements cannot be contrary to the
provisions on the public order of
these laws and regulations.
Any provisions of labour contracts
between employers and workers, already
covered by a collective agreement,
that are less favorable than the provisions
provided for in this collective labour
agreement s shall be nullified and
must be replaced automatically by
the relevant provisions of the collective
agreement.
A collective agreement of an enterprise
or an establishment can adapt to the
provisions of a collective agreement
covering the wider scope of application
that is applicable to the enterprise
under the specifies conditions of
the enterprise or the establishment
in question. The collective agreement
of the enterprise or establishment
can include new provisions and clauses
that are more favorable to workers.
In the event of agreements covering
the wider scope of applicable to an
enterprise or establishment, the provisions
of these agreements must be adapted
accordingly by the collective agreement
of the enterprise or establishment.
Article
: 99
At the
request of a professional organization
of workers or employers that is representative
in the relevant scope of application,
or on its own initiative, the Minister
in charge of Labour, after consultation
with the Labour Advisory Committee,
may extend all or some of the provisions
of a collective agreement to all employers
and all workers included in the occupational
area and scope of this agreement.
Article
: 100
In the
absence of collective agreement, the
Ministry in charge of Labour, after
having received the approval from
the Labour Advisory Committee, can
issue a Prakas to lay the working
conditions for a particular occupation.
Article
: 101
The
Prakas of the Ministry in charge of
Labour shall determine:
a) the conditions and methods for
implementing the procedure for
extending the scope of application
as specified in Article 99,
b) the conditions and methods for
implementing the regulatory procedure
set out in Article 100,
c) the methods or registering, filling,
publishing and posting the
collective agreements, and
d) the methods for monitoring the
enforcement of those agreements, in
case of necessity.
