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. For example, if your company joins an employer organization that has a collective agreement with a workers` association/union. A collective agreement may result in special rights for workers, including the right to: content disputes or breaches of collective agreements may be referred to the labour tribunal. The jurisdiction of the labour tribunal is based on the legitimacy, validity, content, scope and correct interpretation of its clauses. The labour court may also decide on the amount of damages to be paid as a result of illegal anti-work actions. His decision is final. If an employment contract is somehow at odds with the collective agreement of the industry concerned, the contract is in nullity, for the sections concerned, and the corresponding provisions of the collective agreement must be respected. Disputes relating to an employment relationship that is not related to a mandatory collective agreement for the employer under the Collective Agreement Act are dealt with by the general courts. A collective agreement is an agreement between one or more employers` unions and one or more workers` unions on the conditions to be met under an employment contract or employment contract. Collective agreements have two important objectives: can your business be covered in different ways by a collective agreement? The contracting parties are responsible for complying with their provisions. The general applicability of a national collective agreement is defined by the Committee, which confirms the general applicability of collective agreements operating under the aegis of the Ministry of Social Affairs and Health.
Parties who have entered into a collective agreement must submit the collective agreement and accompanying documents to the Ministry of Social Affairs and Health within one month of the signing of the collective agreement. The employer must submit a copy of the agreement in writing and by e-mail so that the common law agreement can be published on the Internet. A system of mediation for labour disputes has been put in place to manage conflicts between the parties at work. The placement system has been set up for labour market organizations to resolve disputes through negotiation. At the law firm NJORD, we have extensive experience in legal advice in relation to collective agreements. We support you by giving you an overview of the conditions of your employees. Our lawyers advise on both collective agreement rights and rights arising from other countries. NJORD provides legal advice on all challenges related to collective agreements. We can ensure that your company is aware of the rules of the collective agreement in question. In addition, we advise and support them on the following issues: In the case of mediation in labour disputes, negotiators are assisted by a national conciliator and conciliator. Central labour market organizations can also use a national mediator to help them conclude a collective agreement.
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.