Representative Collective Agreements of Higher level in the field of glass industry and construction are already actual | CMS Ružička Csekes
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Representative Collective Agreements of Higher level in the field of glass industry and construction are already actual

Date: 24/01/2018

As we informed last year, the extension of binding collective agreements of higher level (hereinafter only as “CAHL”), based upon the amendment of Collective Bargaining Act, was replaced by “representative collective agreements of higher level”.

Representative collective agreement of higher level is binding also for other employers and their employees in the sector or part of the sector for which it is enclosed.

On 5th January 2018 the Ministry of work, social affairs and family of the Slovak Republic (hereinafter as “MWSAF SR”) announced the first two representative CAHL for the field of glass industry and construction:

N.

Name of the representative CAHL

Field of business

Collection of Laws - Notification published on

Binding for the given sector and part of sector

Binding from

1.

CAHL for the period of 2017 - 2019 enclosed on April 21, 2017 between the Trade Union KOVO and the Union of glass industry of the SR with the effect from May 1, 2017 until April 30, 2019

Glass industry

1/2018 Coll. – 5.1.2018

23.1 – glass production and products of glass

23.9 – production of abrasive products and non-metallic mineral products

1.2.2018

2.

CAHL enclosed on February 29, 2012 between the Union of entrepreneurs in construction field of Slovakia and the Integrated Trade Union as amended by Amendment No. 1 dated February 19, 2013, Amendment No. 2 dated February 21, 2014, Amendment No. 3 dated March 24, 2015, Amendment No. 4 dated March 29, 2016 and Amendment No. 5 dated August 28, 2017 with the effect from March 1, 2012 until December 31, 2018.

Construction

1/2018 Coll. – 5.1.2018

41 – construction of buildings

42 – engineering buildings

43 – specialized construction works

1.2.2018

The above stated representative CAHL are binding also for other employees and their employers in the given sector or in a part of the sector at the division or group level and that from the first calendar day of the month following the month in which the Notification was published at the Collection of Laws in case that this Notification was published until the 15th day of the relevant calendar month. 

It means that these representative CAHL are binding from 1st February 2018 also for all other employers of the above given sectors or part of sector, even without any regards whether they are the contractual party of this CAHL or they are or they are not the members of unions of the employers or entrepreneurs of the given business field.

The wording of representative CAHL as well as of all CAHL and their amendments are published on the website of MWSAF SR - https://www.employment.gov.sk/sk/praca-zamestnanost/vztah-zamestnanca-zamestnavatela/kolektivne-pracovnopravne-vztahy/kolektivne-zmluvy/.

Exceptions according to the law, when the representative CAHL does not apply to the employer and employees of the employer, are the following:

  • employer who is bound by another CAHL,
  • employer who is in bankruptcy, liquidation, who is in recovery mode or in forced administration or who had faced an extraordinary situation,
  • employer who employs less than 20 employees,
  • employer who employs more than 10% of disabled persons,
  • employer who provides business for a period less than 24 month.

The given exceptions shall be proved up to the date of publishing the Notification in the Collection of Laws.

 

In case of questions or your interest for further information do not hesitate to contact our law office.

Mgr. Martina Poliačiková
Senior Associate