Do you lose all your rights and obligations immediately after a contract expires? It depends. Collective agreements are different from ordinary contracts. After the expiration of a typical commercial contract, the parties have no further obligations to each other, unless its terms provide otherwise. This is not the case with collective agreements. Although its terms may have expired by law, the parties to a collective agreement are still required to respect the “status quo ante”, which is the term set by the contract for the duration. These conditions of employment may be changed in good faith during negotiations only if the parties have negotiated a new agreement or have reached an impasse, i.e. mutual recognition that no agreement can be reached. In addition to the above requirements, the parties decide what is in the collective labour agreement (unless the Industrial Relations Authority is invited and agrees to set the terms of the contract). The Code assumes that parties involved in negotiating their first collective agreement will in some cases have more difficulties than unions and employers with a longer bargaining history. If the union and employer were unable to negotiate an initial collective agreement and the workers voted in favour of the strike, the union or employer may ask the board to appoint a mediator. The role of the mediator is to help the parties voluntarily reach their own agreement. The parties may not strike or lock out during the mediation process.
e.- The reader will wonder what in practice meant for the company and the workers to move from a provincial agreement to a state agreement. They were not negligible, as can easily be deduced from two simple working conditions. For example, the working day went from 1742 hours (deceased agreement) to 1800 hours (higher agreement) and in terms of salary of the gross annual salary of a graduate with a higher degree of € 27,980.42 (deceased agreement) to € 21,969.72 (higher agreement). The term of a collective agreement can sometimes expire before a new agreement is reached between the employer and the union. In such cases, the terms of the collective agreement remain in effect after its expiry date until a new contract is negotiated, a strike or lockout begins, or the union is decertified, whichever comes first. The Code states that any collective agreement must last at least one year, although the parties are free to agree on a longer period and often do so. During the term of the agreement, amendments to any of its provisions may be made only with the consent of the union and the employer. If the employer offers individual terms to the employee, the employer must negotiate in good faith and the employee must have the time and opportunity to seek independent advice in the same manner as when an employer offers an individual employment contract to an employee.
Employment contracts contain additional information on individual employment contracts. (a) a new collective agreement is entered into, (b) the negotiator`s right to represent employees expires, or (c) a strike or lockout under section 13 begins. According to the Code, all collective agreements must provide for a joint consultation process that allows the parties to resolve workplace issues that arise during the term of the collective agreement. The objective of joint consultation is that, despite the legal obligation for the parties to maintain the status quo during ongoing negotiations, the issue often arises as to whether or not the parties wish to enter into a formal renewal agreement. Such an agreement merely codifies the terms of the status quo, so that they are now contractually binding. However, the conclusion of an extension agreement could have a significant impact on the conduct of the negotiations, as it would preserve the obligations of the parties “no strike/lockout” […].