What are the criteria for determining the application of a given collective agreement?
Collective labour agreements are private, negotiative deeds which do not apply erga omnes in the same way as a rule of law. Collective agreements apply to individual relationships between persons:
who are members of the trade unions that are collective agreement signatories;
who have expressly adhered to the collective agreements under the employment contract;
who have implicitly accepted the collective agreement through conduct implying an intent, which can be inferred from the constant and prolonged application of the relevant clauses to individual relationships.
The contents of this Section are not to be intended as a technical and/or legal opinion or other professional advice of any nature. The contents of this Section are provided merely as information for public outreach purposes, they are not exhaustive and may be removed or amended at any time. For specific problems or situations, you will need to seek specific advice. The Firm disclaims all liability for any damages, whether direct or indirect, incidental or consequential, resulting from proper or improper use of the contents of this Section.
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