Legal Status of Collective Agreements

A standard collective agreement is very unique. Its uniqueness lies not only in its origin outside state regulatory power, but it is also complex and mixed.

In effect, the collective agreement is at the same time a contract and a standard. The collective agreement, by its origins, is a contract, agreement, or covenant, but its effect is a standard for the purpose of regulating working conditions.

And this resulted in a series of consequences (its dual nature).

Collective Agreement as a Covenant

As a pact, it creates certain obligations that the parties arrange. These obligations are what has become known as the "obligational content of the agreement". This "obligational content" is in any agreement, meaning that parties to it are bound by the agreement. For this reason, any collective agreement is, in essence, a "peace treaty" between the parties. It is therefore logical that the Decree Labor Relations Act expressly prohibits strikes in Article 11 that seek to alter what was previously agreed upon in the agreement (needless novation).

Collective Agreement as a Standard

As a rule, it has a normative content. This content applies to all workers and employers within its scope, whether or not they have participated in its negotiation. In this, it differs from the obligational content, which only binds the negotiators and signatories.

Formation of Collective Labor Convention

If the parties agree regarding the reform in peius of the collective agreement, they shall extend the agreement in writing and submit it to the Labor Inspector General for deposit in accordance with the provisions of Article 521 of the LOT. From the date of the act of deposit, the agreement will become fully effective and will take effect within its validity.

Article 521 of the LOT states: "The collective agreement shall be filed with the Labor Inspectorate of the jurisdiction to take full effect. Collective agreements held by a federation or confederation shall be deposited in the National Labor Inspectorate. As of the date and time of its deposit, it will take effect for all legal purposes."