What Is National Collective Agreement

Workers who voluntarily resign must resign in advance, the duration of which is set by the national collective agreement. Of the 25 EU directives on labour law, 16 directives have been transposed into national collective agreements. A total of 13 directives, the vast majority, were implemented through a combination of collective agreements and enlargement mechanisms. The Member States in which this has been done are Belgium (royal decree) and Luxembourg (Grand Duke decree). Recognition of the role of collective agreements in transposing directives is slow to emerge from ECJ jurisprudence. Despite the sometimes critical approach of the Advocate General and the ECJ, collective agreements are now considered officially acceptable as a labour relations mechanism for enforcing EU law. However, the effectiveness of this mechanism is being closely examined by the ECJ. Member States referring to the implementation of the directives through collective agreements must demonstrate that they allow for effective implementation of the provisions of the directive. In order to meet the requirements for the effective implementation of EU legislation, as formulated by the Commission, the Council and the jurisprudence of the Court of Justice, implementation by collective agreement must be accompanied by either administrative enlargement mechanisms (Belgium and Luxembourg), unless these extensions are almost automatic (Finland) or complementary (Denmark).

Under common law, Ford v. A.U.E.F. [1969], [8], the courts found once that collective agreements were not binding. Second, the Industrial Relations Act, introduced by Robert Carr (Minister of Labour in Edward Heath`s office), provided in 1971 that collective agreements were binding, unless a written contractual clause indicated otherwise. Following the fall of the Heath government, the law was struck down to reflect the tradition of the British labour relations policy of legal abstention from labour disputes. During maternity leave, female workers are entitled to 80% of their salary, which is covered by the Italian Social Security Institute (Istituto nazionale della previdenza Social (INPS)); Although the employer is usually asked to pay this amount in advance, it is then reimbursed. Some collective agreements also provide for the payment of the remaining 20% by the employer.