The key norm in this case was Article 5 of the Law of Ukraine “On Collective Bargaining Agreements and Contracts”! which establishes that the terms of a collective agreement are mandatory for the enterprise and the parties that concluded it.
This provision creates a kind of “umbrella” for employees! protecting their rights Legal context even when they sign individual employment contracts. However! employers often use contracts as a tool to restrict employees’ rights! including conditions that are less favorable than those stipulated in the collective agreement.
Practice of other countries: how are workers protected abroad?
1. Germany: the role of trade unions and collective bargaining agreements
In Germany! collective agreements (Tarifverträge) are the loan data main instrument for regulating working conditions. An employer cannot offer an employee a contract with terms that are less favourable than those in the sectoral collective agreement. In some cases! companies are even obliged to adapt individual employment contracts to new versions of the collective agreements.
A key feature of the German model is the high role of trade unions! which actively monitor compliance Legal context with collective agreements. If an employee feels unfair! he has the right to appeal to an arbitration body or court! and in many cases he is represented by a trade union.
France: the treaty is not the limit
In France! the labor code protects workers! and collective agreements only improve their conditions. Employers are not allow to sign a contract with an employee on terms that are worse how to write a request for proposal to analyze your software development providers than industry standards. Moreover! in France there is a concept of “inviolability” of basic working conditions: even if an employee voluntarily signs a less favorable contract! this does not exempt the employer from the obligation to comply with the requirements of the collective agreement.
3. USA: Individualism with Nuances
In the United States! where labor relations are often regulat on atb directory an individual basis! the role of collective agreements is much smaller. However! in industries where unions have a strong position (for example! aviation or the automotive industry)! working conditions are often dictated by collective agreements. Contracts that contradict these agreements can be challenged by the employee in court or through union arbitration.
