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The Substantive Agreement

It is generally accepted that the obligation to promote voluntary negotiations to regulate conditions of employment through collective agreements implies the obligation to guarantee the right of the parties concerned to negotiate collective agreements. If national circumstances require it, it may also involve the need to provide for a number of subsidiary legal obligations so that the right to collective bargaining can be effectively exercised in practice, including the obligation, under certain conditions, to recognize the party to collective bargaining and to negotiate in good faith with that party. Collective bargaining, which involves the negotiation and conclusion of collective agreements, is the most important means by which employers and workers` organizations determine the conditions of employment. Therefore, once workers` and employers` organizations are freely constituted, collective bargaining is essential to the exercise of freedom of association and industrial relations systems. Over the years, it has proven itself as a democratic instrument for overcoming conflicts of interest, thus avoiding the use of more immeasurable forms of strikes. As a safety valve for a peaceful, cooperative and therefore more efficient labour market, it is a cornerstone of any advanced democracy and developed market economy. Collective agreements should bind the signatories and those in whose name the agreement is concluded. Employers and workers who are bound by a collective agreement should not be able to include provisions in employment contracts contrary to the provisions of the collective agreement29. Such provisions are consistent with Convention 98, provided that the authorization can only be denied if the collective agreement presents a procedural error or does not meet the minimum standards set out in applicable legislation30 The possibility of encroaching on the right of the parties to participate freely in collective bargaining arises if the authorities have full discretion to refuse an agreement.30 however, it is created when the authorities have full discretion to refuse an agreement.30, which is a violation of the principle of voluntary negotiation and the autonomy of the parties. The priority objective of national policy in this area should be to promote and promote free and voluntary collective bargaining that would guarantee the parties the greatest possible autonomy, while defining a legal framework and management structure that they can use on a voluntary and mutually agreed basis, in order to facilitate the conclusion of collective agreements6.

, is the establishment of labour law. Often supported by other means, such as collective agreements, arbitration awards, regulations and regulations, regulations and departmental regulations7, they often create administrative bodies to monitor compliance with legal obligations and provide conciliation and conciliation services to support the parties. Effective collective bargaining involves stimulating dialogue and promoting consensus.26 A number of countries have sought to do so by establishing a legal obligation in legislation that would require the parties to participate fully in the negotiations at the negotiating table.

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Posted: 04/13/2021

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