In this article! I analyze key aspects of regulating working conditions! real challenges for employees and employers! as well as lessons that Ukraine can learn from the experience of Germany! France! and the United States.
The decision of the Civil Court of Collective agreement Cassation in case No. 182/6943/23 once Collective agreement again reminds us of the fundamental principles of labor law! which! unfortunately! often remain only declarative in practice. Do employees really have the right to more favorable working conditions? And how to avoid manipulations in contracts? Let’s consider this on the example of a specific case and add foreign experience to the discussion.
The bottom line: can a collective agreement be ignored?
The focus is on the Collective agreement lawsuit of the director of the municipal enterprise “Ritual Service”! who demanded Collective agreement compensation for unpaid wages. The argument: the employer did not linkedin data fulfill the requirements of the collective agreement! which provides for the establishment of a minimum tariff rate in the amount of 120% of the minimum wage! multiplied by a coefficient of 1.15.
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The courts of first and appellate instance sided with the employer
Believing that the director had agreed to the terms of the contract. However! the Civil Court of Cassation emphasized: an employment contract cannot contradict the terms of a collective agreement if the atb directory latter provides for more favorable conditions for the employee.
In this case! the employer violated the law by not taking into account the requirements of the collective agreement. This confirms that the collective agreement is the main document regulating the rights of employees in the relevant organization! and its provisions are mandatory.
