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Whom Does the Collective Agreement Apply for?

Viimati uuendatud: 23.02.2017

The application of the collective agreement to a specific employee depends on the will of the agreement parties. The law gives the parties the right to determine the circle of employees for whom the collective agreement shall apply. In the case of different employee groups (e.g. drivers and office workers at a taxi company) or distribution of employees geographically (employer owns two stores, one in Narva and one in Pärnu), the conclusion of multiple collective agreements in the same company is grounded. In this case, parties can agree which contract shall be applied to whom.

If the collective agreement does not specify the circle of employees, it shall apply to all employees of this employer – regardless of whether the contract was concluded by the employees’ trustee or trade union.

If the collective agreement was concluded by the unions or central associations of employers and employees, it shall apply to all employees working for the employer who belongs to the union or central association of employers that concluded the contract. Emanating from the aforementioned Supreme Court ruling, it is irrelevant whether the employee belongs to the trade union or not.

Külastusi 2682, sellel kuul 2682

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