In the event of a transfer of ownership of the company`s assets, the validity of the collective agreement is maintained for three months. During this period, the parties may negotiate a new collective agreement or maintain, amend or complete the existing agreement. Under common law, Ford v. A.U.E.F. , , 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. Confirmation protocol for agreements valid for the 2020-2022 contract period (pdf, in Finnish) In the event of a restructuring of the company, the collective agreement remains in effect for the duration of the contract; it can then be amended at the initiative of one of the parties. The negotiating parties have full freedom to choose and discuss proposed issues for inclusion in the collective agreement or collective agreement. Section 15.
Changes and additions to a collective agreement. Amendments and complements to an existing collective agreement are made only by mutual agreement between the parties and according to the procedure defined by the collective agreement itself or, failing that, by the procedure provided for by this Law for the conclusion of such agreements. The fees of experts and mediators, invited by mutual agreement between the parties, are set, with their agreement, by the bodies of the executive and the economic management, as well as by the employers (or their associations). However, in 1923, the government adopted a new “conciliation regulation” that gave the state the power to implement a mandatory conciliation system. In practice, forced conciliation has been frequently applied, especially in the last years of the Weimar Republic, thus contributing to the destruction of the autonomy of collective agreements. After the Nazis came to power in 1933, they completely abolished free trade unions and collective bargaining. In 1934, the Nazis passed a “National Labour Order Act,” which replaces freely negotiated collective agreements with state regulations. On the workers` side, the law specifies that only trade unions have the right to enter into collective agreements (Article 2, paragraph 1). Unlike the old Collective Agreement Regulation, which did not specifically address “workers` groups” as social partners, the law contains an exclusive provision for the promotion of trade unions.
Neither other “workers` organizations” such as “yellow unions” nor company committees have the right to enter into collective agreements. The 1952 Enterprise Constitution Act confirmed that enterprise agreements between the Works Council and management “do not deal with remuneration and other conditions of employment policy that have been or are normally set by a collective agreement” (Article 77, paragraph 3).