Legal advice on collective bargaining
Collective bargaining requires defined objectives, careful sharing of information and a clear record of proposals, limits and agreements.
Collective agreements
The collective agreement is interpreted alongside the organisation's circumstances and the specific issues to be resolved.
Company agreements
Internal agreements are prepared by defining their purpose, participants, duration and method of implementation.
Employee representatives
Before discussions begin, the representatives, their authority and communication channels must be identified.
Collective disputes
In a collective dispute, positions, facts, documents and impact are identified separately to organise the strategy.
Negotiation with works councils and trade unions
Each meeting needs a purpose, documentation and defined decision-making parameters. Continuity avoids improvised positions or contradictory messages.
Collective employment disputes
The dispute is assessed in terms of its scale, the people affected, the rule or decision being challenged and the available resolution procedures.
Employment strategy for businesses
The strategy connects the business need with the collective framework, preparing both the negotiation and possible subsequent scenarios.
Frequently asked questions
Which collective agreement applies to the business?
It mainly depends on the company's activity and the functional, geographical and personal scope of the agreement. Company-level agreements and any rules governing overlapping agreements must also be reviewed.
Who can negotiate on behalf of the employer and the employees?
Authority to negotiate varies according to the type of bargaining and the scope of the agreement. Before starting, the employer's representatives and the employee or trade union representatives authorised to negotiate must be identified.
How should an agreement reached through collective bargaining be documented?
The document must identify the parties, scope, agreed terms, duration, method of implementation and signatures. Depending on its nature, registration, filing or publication may also be required.
Can a lawyer assist during collective bargaining?
Yes. A lawyer can prepare the strategy, review negotiating authority and documentation, attend meetings and draft the agreement, as well as assess possible disputes or challenges.