Collective Agreement Deduction

The ILO`s Freedom of Association Committee concluded that wages, benefits and allowances can be the subject of collective bargaining. Collective bargaining can take place at the enterprise, sector or industry level, as well as at the national or regional level. It is up to the parties themselves to decide at what level they want to negotiate. The ILO`s collective bargaining standards and principles emphasize the voluntary nature of collective bargaining and, therefore, there should be no obligation to negotiate or prevent trade at some level of the economy. The refusal of a union or employer to negotiate at a certain level does not constitute a violation of freedom of association. An employer may legally withhold money from a worker`s wages only: (1) if required or authorized by state or state law, or (2) if a worker deduction is expressly authorized in writing to cover insurance premiums, contributions or other deductions that do not correspond to a discount on the worker`s salary , or 3 if a health deduction is expressly authorized in writing. , social or pension contributions are expressly authorized by a collective agreement or collective agreement. Labour Code sections 221 and 224. Although compensation is a legal wage deduction under section 224 of the labour code, an employer cannot dismiss an employee because of the threat of a salary trim or when the worker`s wages have been set for the payment of a judgment. The Labour Code Section 2929 (a) (See How to file a discrimination appeal) In addition, the MNE statement highlights the valuable role that collective bargaining played in defining conditions of employment. [13] [1] ILO Declaration of Philadelphia, Part III, d). This principle is also reflected in the United Nations Universal Declaration of Human Rights: “Every person who works has the right to a fair and favourable remuneration that guarantees his family and family a life worthy of human dignity and, if necessary, is supplemented by other means of social protection.” (Article 23.3) and “[e] one is entitled to a standard of living adapted to the health and well-being of one`s family, including food,” (Article 25.1) [2]Convention on setting the minimum wage, 1970 (no. 131) Article 3, point a) [3] General Survey on the minimum wage, 1992, para.

33 [4]Minimum Wage Recommendation 135 , paragraph 1 [5] Ebd. , paragraph 2 [6]General survey, para. 281 [7] Convention 131, Article 3 [8]Recommendation 135, Par. 3 and 11 [9] Convention 131, Article 1, paragraph 1 [10]ILO Tripartite Principle Statement on Multinational Enterprises and Social Policy, paragraph 8 [11]Ibid., para. 33 [12], the development and use, where appropriate, of voluntary bargaining mechanisms between employers and employers` and trade union organisations to regulate employment conditions through collective agreements.” Statement of the MNE, para. 50. Collective agreements are generally valid for two years, sometimes three and sometimes one. Before the contract expires, the union and employer will enter into negotiations for a renewal contract. The ability of an employer to deduct the amounts from a worker`s wages due to a shortage of cash, a break-up or loss of equipment is expressly regulated by industrial Welfare Commission regulations and limited by court decisions.

(Kerr`s Catering v. Department of Industrial Relations (1962) 57 Cal.2d 319).

Comments are closed.