Collective agreements are signed for certain periods, usually two to four years. A collective agreement is mandatory for both the employers` organization and its members, the union and its members, on the other. In addition, a collective agreement is generally also in practice, if not theoretically, for individual non-unionized workers and unionized workers who belong to a union other than the union that are part of the collective agreement, provided that (i) the worker works with collective agreement tasks and (ii) that the union to which the worker is affiliated is not bound by another collective agreement with the employer. In Albany, the Court held that collective agreements do not fall within the scope of Article 101 of the TFUE where two cumulative conditions are met: (i) they are concluded in collective bargaining between employers and workers (hereafter the first condition) and (ii) they directly contribute to the improvement of the employment and working conditions of workers (hereafter the second condition). As noted in point 21 above, it is also appropriate to consider whether the terms of the Albany exception can be met where the provisions in question have been negotiated and incorporated into the collective agreement on behalf of the workers and in the interests of the workers. Therefore, the legal and economic grounds for the Albany exception do not apply to the self-employed. (21) That is why I cannot imagine the total and apparent exclusion of Article 101 of the TFUE for collective agreements negotiated in the name and interests of the self-employed. The new Law 6356 on Trade Unions and Collective Agreements (the “Law”) was published in the Official Journal of 07.11.2012 and came into force with the publication. The law regulates procedures and principles relating to the establishment, administration, operation, inspection, management and organisation of trade unions and confederations of workers and employers.
The Act also defines the procedures and principles governing the conclusion of collective agreements between workers and employers, in order to determine each other`s economic and social status and working conditions and to settle disputes amicably, strike and terminate them. However, your business may also be subject to the rules of a collective agreement if you have acquired activities and workers under a collective agreement in connection with a merger or merger and you have not taken the opportunity to waive the collective agreement under Danish workers` law in the event of a business transfer. Another reason is that the ability of employers to replace workers with others for whom they are not required to apply the working conditions set out in the corresponding collective agreement can significantly weaken the bargaining position of workers. How, for example, could workers ask for a credible wage increase if they knew that they could be easily and without delay replaced by self-employed workers who would probably do the same work at lower pay? Traditionally, a collective agreement is defined as an agreement between a union or other workers` association, on the one hand, and an employer organization or a company, on the other. It is therefore appropriate to consider whether the nature and purpose of the CTC at issue (and in particular the nature and purpose of the provisions at issue) is justified in determining whether its total exclusion from the scope of Article 101, paragraph 1, of the TFUE is justified or not. (8) The Swedish Association of Industrial Employers is bound by thirteen collective agreements.