In an article entitled “Collective Bargaining – a Theoretical Analysis,” A. Flanders defined collective bargaining as “…… common regulation of employment services and labour markets. The collective agreement, which results from the collective agreement, is generally an impenetrable contract and is legally very different from the employment contract. The collective agreement`s mission is to regulate relations between the social partners, i.e. between the employer organization or an individual employer, and a union or union. These relationships are called collective relationships. They could include procedural agreements between the social partners on strikes or other strike action before the litigation procedure has been exhausted; Issues relating to the structure of negotiations between the parties; The creation of collective bargaining bodies; procedures for renegotiating the collective agreement; And so on. However, the collective agreement has another function, the individual function, which governs the relationship between the employer and the employee. Conditions of employment are generally governed by collective agreements. Thus, pay scales, hours of work, leave, sick wages, overtime, all issues related to training, retraining, learning are among the many themes found in the conditions of employment. Procedures relating to each worker, such as appeals and disciplinary procedures, may also be considered part of the terms of employment arising from the collective agreement.
The law requires the employer to provide the worker with information about the worker`s most important conditions of employment. When a document is referred to in another document, it is included, that is, it is part of the other document. Thus, a reference to a company policy, a collective agreement or a staff manual will include this document in the contract or in the letter of offer, provided the wording makes clear. The recorded terms are explicit terms, so it is very important to clarify exactly what is included in the treaty. If the contract refers to a company manual. B, a court may consider the entire manual to be contractual. It would therefore be wise to state in the manual precisely which parts are included in the employment contract and which are not. Although collective agreements are generally not legally binding, the conditions between the employer and the worker can become legally binding when the contract is included in the employment contract.
It is important to ensure that the text of an integrated document is not at odds with the treaty, as this could lead to litigation. The substance of this case was a dispute between the union (the prison officers` association) and the employer (now the Ministry of Justice, formerly the HM Prison Service) over the inclusion of a collective agreement clause in the overtime contracts of prison officers. In order to change a number of working practices, lengthy negotiations took place in the 1980s between the prison service of the HM Prison Service and the Association of Prison Officers, which resulted in a detailed agreement (Bulletin 8) between the parties in 1987.