Definition About Collective Agreement

The form, registration and publication of collective agreements must be in writing; Otherwise, they are null and void (Article 4(1) of the Law on Collective Labour). They must also be registered and published with the Ministry of Employment and Social Security. Registration shall take effect fifteen days after this filing, unless the Ministry has notified the parties of its formal refusal, which is permitted only on the grounds set out in the law. There is therefore a form of administrative control of certain requirements relating to the creation and content of collective agreements, which works by refusing registration. However, since the law does not give administrative authorities discretionary powers with regard to compliance with legal requirements, these are purely formal systems. The review of the legality of collective agreements is subject to the courts (Article 43). After registration, the agreements must be published within fifteen days at the Boletim de Trabalho e Emprego (Article 26). Such publication is essential at the beginning of its validity. Collective agreements also include decisions on working time and overtime pay. Trade Union Pro`s collective agreements include, for example, agreements on job difference, travel allowance, sickness benefits, maternity benefits, leave allowances and on-call allowances.

Invalidity Employers and workers, whether isolated or as representatives through trade unions and employers` organizations, have the right to bring an action before industrial tribunals seeking the invalidation of clauses contained in the instruments of collective labour regulations which, in their opinion, infringe the law (article 43 of the Law on Collective Labour Relations). A collective agreement is the primary objective of the collective bargaining process. As a general rule, the agreement sets out wages, hours, promotions, social benefits and other conditions of employment, as well as procedures for dealing with disputes arising therefrom. Since the collective agreement cannot deal with all the business problems that may arise in the future, unwritten practices and existing practices, external law and informal agreements are as important for the collective agreement as the written instrument itself. .