The cases referred to in the first paragraph of this section shall be examined at the request of one of the parties to a collective agreement or collective agreement of a competent committee or on the initiative of the public prosecutor. Traditionally, a collective agreement is defined as an agreement between a trade union or other workers` organisation, on the one hand, and an employers` organisation or undertaking, on the other. The collective agreement covers you against arbitrary dismissals and dismissals, because the contracts define the rules to be respected in the event of termination, i.e. the so-called termination procedures. Clauses in collective agreements or agreements less favourable than legislation concerning the situation of workers are void. Section 12. Procedure and time limit for the establishment and conclusion of a collective agreement. The procedure and time limit for the preparation and conclusion of a draft collective agreement, the composition of the committee provided for in section 7 of this Act and the place and agenda of negotiations shall be determined by the parties and set out in a document defining the undertaking and the decisions taken by the trade union or representative body. by the workers. Section 16. Guarantees in the event of dissolution of the company. In the case of the dissolution of the enterprise, the amount of the worker`s right under the collective agreement is deducted from the assets of the dissolved enterprise before those due to the State budget, banks and other creditors. Persons who represent the employer and are found guilty of failing to provide the information necessary for collective bargaining or monitoring of a collective agreement or agreement are liable to disciplinary action or a fine of three times the minimum wage by the courts.
Section 2. Basic concepts. The term „collective agreement“ means a legal act regulating the employment, socio-economic and professional relations between the employer and the workers of an undertaking, institution or organisation (hereinafter referred to as „undertaking“). In addition, there are generally binding collective agreements. These important agreements also bind unorganized employers and the workers who work for them. With the exception of the legal provisions on financing, organizations or bodies set up or financed by employers, as well as executive bodies, management or political parties, are prohibited from negotiating the conclusion of collective agreements or agreements on behalf of workers. A collective agreement (TES) is a contract between a trade union and an employers` union on the terms and conditions of employment in this area. Section 25. Liability for non-participation in negotiations.