What Is The Difference Between An Individual Contract Of Employment And A Collective Agreement

What Is The Difference Between An Individual Contract Of Employment And A Collective Agreement

Tenders and temporary work could therefore change the structure of collective bargaining, but they have not reduced the scope of collective agreements as such. The third development mentioned above is different: the increase in the number of self-employed workers. All types of qualified staff, from nurses, trainers and textors, stonemasons and truck drivers, offer their services to more than one client and thus obtain independent status. The position of this group, particularly on taxation and social security, is far from clear, its protection against abuses is sometimes weak. Recently, the FVN created a special union for the self-employed. This union aims to defend and protect the interests of the parties involved. [103] Although the Collective Agreements Act does not exclude the possibility of entering into collective agreements on the working conditions of the self-employed,[104] the association`s statutes do not provide for such a power. [105] The union itself, however, can be seen as a clear attempt to reorganize this part of the labour market. Although the legal framework has remained virtually intact, the practice of labour relations has changed considerably in recent decades.

One of these changes is the abandonment of the standard configuration to protect workers. The powers of social partners in the field of personal human rights have been restricted, leaving it to the worker to give up his rights of access to justice.B. Collective agreements, which have been standard for years, now most often have minimum standards that allow exceptions for each worker. In general, there has been a re-privatize of labour relations that emphasizes the contractual nature of the relationship. The easing of this relationship is achieved through the system of collective agreements, which offers the employer the choice between (secondary) working conditions. There are minimum rights and rights that must be respected, even if they are not in the employment contract or when the contract is inferior. The worker`s individual employment contract: both the impact of the general application provisions on the individual contract and the corrective measures in the event of a breach of that contract are very similar to those relating to collective agreements in general. However, such generally binding provisions do not alter the individual employment contract, as the collective agreement itself does.

They are considered quasi-legal provisions. This means, among other things, that the decree on general applicability has no consequences. [52] At the expiry of the decree, the existing individual contract is revived. The result is continuity problems that the judicial system is partly opposed by approaches to contract law. In 1993, the Supreme Court considered overtime pay under a collective agreement. Was the worker entitled to a supplement, even if the collective agreement no longer applied and the endorsement on this point was silent? The Supreme Court held that the answer depended on the reasonable expectations of the parties. [53] In 1994, the question arose as to whether a worker could still receive supplementary sickness benefits from his employer after the corresponding provision of the collective agreement no longer applies to his individual contract.