Collective Agreement Schemes

In order to establish a minimum wage or minimum wage in a collective agreement, the types of work are classified according to different criteria. On the one hand, it is a description of the work done, which sometimes contains specific occupations. In addition, qualification (for example. Education) and work experience play a role. In the case of employees, recognition of previous periods of employment is another important factor in determining the level of wages. Workers are entitled by law to a 25% increase for each additional hour of work. There are exceptions, z.B. when the worker takes a leave of absence (in a 1:1 report) within a specified three-month period to compensate for overtime; in this case, the supplement is not due for overtime. Here, too, collective agreements can set other rules (for example.

B the period from which overtime supplements are due). Yes, for example. B the collective agreement provides for a normal working time of 38 hours per week and 1.5 hours of overtime as an exemption from the increase, the same is true for part-time workers (i.e., 1.5 hours of overtime are still excluded from the supplement). Content In principle, collective agreements can deal with all issues within the scope of the collective autonomy of social partners. However, there are a number of exceptions to this principle. On the one hand, the law gives a positive delineation of the content of the agreements. Article 5 of the Collective Relations Act stipulates that they may govern the reciprocal rights and obligations of workers and employers; relations between states that are signatories to an agreement; dispute resolution procedures resulting from individual employment contracts, the introduction of conciliation, conciliation and arbitration mechanisms. This formulation reflects the distinction made by lawyers between the mandatory and prescriptive parts of collective agreements. In addition, the law (mainly in Article 6) contains a negative delineation of the content of the agreements. First, the general limitations arise from the limits of collective autonomy itself: collective agreements must not regulate economic activities with regard to the working time of companies, the tax system and price formation.

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