Question: Is the participation of workers` representatives in restructuring/sales processes in enterprise law within the scope of collective agreements? In addition, voluntary bargaining of collective agreements is a fundamental aspect of freedom of association, which involves the obligation to negotiate in good faith the maintenance of harmonious labour relations. Employers and unions should negotiate in good faith and do everything in their power to reach an agreement; Genuine and constructive negotiations are a necessary element in establishing and maintaining a relationship of trust between the parties. Collective agreements (ABCs) that are negotiated in the private sector generally do not need to be disclosed, although they may sometimes be attached to a company`s SEC bids. Answer: The ILO`s Freedom of Association Committee has concluded that wages, benefits and allowances can be the subject of collective bargaining. [1] In most countries, there is legislation or regulations regarding the continued recognition of the union and whether existing collective agreements remain in force in the event of closure or transfer of ownership. National practice can provide some flexibility of application, taking into account the conditions of transfer of ownership, such as bankruptcy.B. Question: Is there an ILO agreement on whether the union`s rights remain in force under a collective agreement for a period in which a business is concluded, sold or privatized? Once an agreement has been negotiated, it can make several changes before signing and submitting a final copy that can take months. Answer: Collective bargaining is a constructive forum for the treatment of working conditions and conditions of employment and relations between employers and workers or their respective organisations. It is often more efficient and flexible than state regulations. It can help anticipate potential problems and promote peaceful mechanisms to address them; to find solutions that take into account the priorities and needs of both employers and workers. Healthy collective bargaining benefits both leaders and workers, and the peace and stability that fosters them benefits society at large.

Collective bargaining can be an important institution of governance – it is a way to increase the consent of the governed by involving them in decisions that directly affect them. Answer: Collective bargaining must be voluntary, free and in good faith. The parties are free to negotiate and there should be no interference by the authorities in their decisions to do so. The principle of good faith implies that the parties do everything in their power to reach an agreement, conduct genuine and constructive negotiations, avoid unwarranted delays in negotiations, respect agreements reached and implemented in good faith, and allow sufficient time to discuss and resolve collective disputes. In the case of multinational companies, these companies should not threaten to relocate all or part of an operational unit of the country concerned in order to unduly influence the negotiations. Where can I find agreements for other jurisdictions? In the chapter on industrial relations, the ILO-MNE statement clarifies the importance of negotiations between representatives of the company`s management and workers` representatives on the regulation of wages and conditions of employment through collective agreements: “Workers employed in multinational enterprises should have the right to have organizations representative of their choice recognized for collective bargaining purposes, in accordance with national laws and debates.” [3] However, the case law on freedom of association and collective bargaining states that “the closure of a business must not, therefore, lead to the termination of the obligations arising from the collective agreement, particularly with respect to compensation in the event of dismissal.” [1] If an agreement has not yet been ratified or if no final copy has been filed, it will not appear on this site.