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Foreword | |
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Notes on Contributors | |
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Collective Agreements and Individual Contracts of Employment in Labour Law--General Report | |
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Factors determining the Position of Collective Agreements in Contemporary Industrial Relations | |
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Freedom of Collective Bargaining as an Integral Element of Democracy | |
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Collective Agreements as an Integral Element of the Market Economy | |
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Collective Agreements as an Instrument of Labour Relations Regulation | |
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Factors Determining the Regulatory Power of Collective Agreements towards Contract of Employment | |
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Normative Character of Collective Agreements | |
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Derogatory Effect of Collective Agreements | |
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Duty to Bargain | |
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Application of Collective Agreements to all Employees Concerned | |
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Extension of Collective Agreements by the Public Authority | |
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Prolongation of the Collective Agreement Application | |
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Factors Limiting the Regulatory Power of Collective Agreements | |
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Contractual Character of Collective Agreements | |
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No Duty to Bargain | |
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Collective Agreements applied only to Union Members | |
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Statutory Limits of the Scope of Collective Agreements | |
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Limits Imposed on Collective Agreements by Basic Agreements | |
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Limits Imposed by Higher-Level Collective Agreements | |
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Collective Agreement Regulation and Freedom of the Parties to shape the Contract of Employment | |
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Freedom to put into the Contract of Employment more favourable terms than those of Collective Agreements | |
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No Freedom to Derogate from Collective Agreements | |
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Prospects of the Regulatory Function of Collective Agreements towards the Contract of Employment | |
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Collective Agreements and the Evolution of Trade Unions | |
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Collective Agreements and the Evolution of Economy | |
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Conclusions | |
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Individualism and Collectivism in Agreement-Making under Australian Labour Law | |
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Introduction: Compulsory Arbitration, Collective Agreements and Individual Contracts | |
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Collective Labour Agreements as one of the Pillars of Contemporary Labour Relations | |
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Democracy and Collective Labour Agreements | |
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Market Economy and Collective Labour Agreements | |
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Collective Labour Agreements as an Instrument of Negotiated Social Policy | |
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Freedom to Negotiate Collective Labour Agreements as a Principle of Labour Law | |
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Legal Mechanisms for shaping the Content of the Employment Contract via Collective Agreement | |
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Normative Mechanism | |
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Contractual Mechanism | |
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Replacement of terms of the Contract of Employment by Provisions of a Collective Agreement | |
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Factors determining the Regulatory Power of Collective Labour Agreements towards the Employment Contract | |
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Collective Agreements and Deregulation | |
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Statutory Limits of the Scope of Collective Labour Agreements | |
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Exclusion of some Employees' Groups from a Collective Labour Agreement as stipulated by its Parties | |
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Extension of a Collective Labour Agreement by a Public Authority | |
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Limits imposed on a Lower-Level Collective Labour Agreement by a Higher-level Collective Agreement | |
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Regulation of Collective Labour Agreements and Freedom of Parties to a Contract of Employment | |
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Prospects for Collective Labour Agreements as a means of regulation of an Employment Contract | |
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Accords collectives et individuals de travail en droit du travail belge | |
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La place de la convention collective de travail dans l'ordonnancement juridique belge | |
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Le cadre normatif | |
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La nature juridique des conventions collectives de travail | |
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Mecanismes legaux permettant d'affecter le contrat de travail via conventions collectives de travail | |
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La convention collective de travail | |
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Conclusion de la convention collective | |
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Duree de la convention collective | |
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Contenu de la convention collective de travail | |
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Effets de la convention collective sur les dispositions du contrat de travail | |
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Le reglement de travail | |
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Elaboration et modification du reglement de travail | |
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Publicite du reglement de travail | |
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Contenu du reglement de travail | |
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Effet du reglement de travail | |
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Facteurs determinant le pouvoir regulatoire des accords collectives de travail envers le contrat de travail | |
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Accords collectifs de travail et deregulation | |
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Loi semi-imperative | |
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La loi unilateralement imperative | |
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Limites legales du champ d'application des conventions collectives de travail | |
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Exclusion de la negociation collective de certaines matieres | |
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Exclusion de la reglementation des accords collectifs de travail de certains groupes de travailleurs ou de certains domaines d'emploi | |
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Exclusion de certains groupes de salaries des conventions collectives de travail decidees par les parties: le probleme des avantages reserves aux syndiques | |
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Extension d'une convention collective de travail par une autorite publique | |
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Procedure | |
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Effets | |
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Modalites selon lesquelles l'extension cesse de produire ses effets | |
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Limites imposees a un niveau inferieur de conventions collectives par un niveau superieur de conventions collectives | |
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Limites imposees a un niveau inferieur de conventions collectives de travail par un niveau normatif superieur, compte tenu de l'objet des dispositions | |
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Limites imposees a un niveau inferieur de conventions collectives de travail par un niveau normatif superieur en raison de la hierarchie des normes | |
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Conventions collectives de travail et liberte des parties au contrat de travail | |
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Perspectives des conventions collectives de travail en tant que moyen de regulation du contrat de travail: Les conventions collectives de travail et les actes juridiques voisins | |
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La convention collective 'irreguliere' | |
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Le reglement de travail | |
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Decision | |
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L'acte d'adhesion | |
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Convention collectives et contrats individuels de travail en droit quebecois | |
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Introduction | |
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Description et comparaison | |
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Le contrat individuel de travail | |
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Les regles du Code civil | |
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Les lois complementaires | |
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La convention collective de travail | |
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Definition et contenu | |
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Caracteristiques et nature juridique | |
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Rapports entre le contrat et la convention | |
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Rapports du contrat individuel avec le regime collectif | |
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Rapports de la convention collective avec le regime individuel | |
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Rapport avec le droit du regime individuel | |
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Rapport avec contrat individuel de travail | |
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Conclusion | |
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Code civil du Quebec | |
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Collective Agreements and Individual Employment Contracts: Developments in the Light of Comparative Law--Greek Report | |
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Collective Agreements and Individual Contracts of Employment in Labour Law--Italian Report | |
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Constitutional Framework | |
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Development of Collective Bargaining | |
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Collective Agreements as Contracts | |
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Conclusions: Collective Agreements between Civil Law and Public Law | |
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Collective Labour Agreements and Individual Contracts of Employment in Japanese Labour Law | |
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Collective Labour Agreements as one of the Pillars of Contemporary Labour Relations | |
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The Legal System of Collective Bargaining | |
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Japanese Enterprise Unionism | |
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Legal Mechanisms of shaping the Content of the Contract of Employment through Collective Labour Agreements | |
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Peculiarity of the Japanese Legal System on the Formation or Modification of Working Conditions | |
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Legal Form and Effect of Collective Labour Agreements | |
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Legal Form and Effect of Work Rules | |
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Factors determining the Regulatory Power of Collective Labour Agreements towards the Contract of Employment | |
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Collective Labour Agreements and Deregulation | |
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Statutory Limits of the Scope of Collective Labour Agreements | |
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Exclusion of Some Employees' Groups from the Collective Labour Agreement Concluded by its Parties | |
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Extension of a Collective Labour Agreement by a Public Authority | |
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Limits imposed on a Lower-level Collective Labour Agreement by a Higher-level Collective Labour Agreement | |
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Collective Labour Agreement Regulation and Freedom of Parties to Enter into Contracts of Employment | |
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Prospects of Collective Labour Agreements as a Means of Regulation of an Employment Contract | |
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Collective Labour Agreements and the Evolution of Trade Unions and Employers' Organizations | |
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Collective Labour Agreements and other Collective Accords | |
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Evolution of the Economy and its Impact on the Application of Collective Labour Agreements | |
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Conclusion | |
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Collective Agreements and Individual Contracts of Employment in Labour Law--Netherlands Report | |
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Collective Labour Relations: the Institutional Context | |
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Collective Labour Relations: the Legal Context | |
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General | |
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Freedom and Duty to Negotiate | |
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Statutory Regulation of Collective Agreements and Similar Instruments | |
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The Concept of the Collective Agreement in the Collective Labour Agreements Act 1927 | |
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The Scope of Application of Collective Agreements | |
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The Binding Character of Collective Agreements and their effect on the Individual Employment Contract | |
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The Contents of Collective Agreements: Legal Constraints | |
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General | |
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Arbitration Clauses | |
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Closed Shop | |
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Non-competition Clauses | |
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Conflicts between Collective Agreements and Individual Agreements: the Absence of a more favourable Right-provision in Dutch Law | |
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Conflicts amongst Collective Agreements | |
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Future Problems and Trends: the changing position of the Unions | |
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Future Problems and Trends: the changing position of Collective Arrangements | |
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Tendering out, Temp-workers and Self-employment | |
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Levels of Negotiation: from Sector to Undertaking and back | |
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Framework Agreements and Labour Conditions 'a la carte' | |
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Conclusions | |
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Collective Labour Agreements and Contracts of Employment in Polish Labour Law | |
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General Description of Collective Agreements as a source of Labour Law | |
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Legal Mechanism for regulating the Content of the Employment Relationship by means of a Collective Labour Agreement | |
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Factors determining the Role of Collective Labour Agreements as a means of shaping the Content of Employment Contracts | |
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Perspectives for regulating the Content of Employment Contracts by means of Collective Agreements | |
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Collective Agreements and Individual Contracts of Employment in Labour Law--South Africa Report | |
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Collective Labour Agreements as one of the Pillars of Contemporary Labour Relations | |
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Recognition of freedom to negotiate collective agreements within the democratic system | |
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Constitutionalization of freedom to negotiate collective labour agreements | |
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Market Economy and Collective Labour Agreements | |
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Collective Labour Agreements as instruments of negotiated Social Policy | |
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Social partners dialogue | |
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Collective agreements and social agreements | |
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Freedom to negotiate Collective Labour Agreements as a Principle of the Labour Law | |
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Explicit or implicit legal recognition of the principle | |
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Duty to negotiate | |
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Legal Mechanism of shaping the Content of the Employment Contract via Collective Agreement | |
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Normative Mechanism | |
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Contractual Mechanism | |
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Replacement of Terms of the Contract of Employment by Provisions of a Collective Agreement | |
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Automatically/without notice | |
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With notice | |
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Collective Labour Agreements and Deregulation--Advantages and Disadvantages | |
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Statutory Limits of the Scope of Collective Labour Agreements | |
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Exclusion of subject-matters | |
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Exclusion of groups of employees or fields of employment | |
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Exclusion of some Employees' Groups from Collective Labour Agreement stipulated by the Parties | |
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Extension of a Collective Labour Agreement by a Public Authority | |
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Limits imposed on a Lower-level Collective Labour Agreement by a Higher-level Collective Labour Agreement | |
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Concerning the subject matters of a lower-level collective agreement | |
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Subordination of a lower-level collective agreement to a higher-level collective agreement | |
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Collective Labour Agreements' Regulation and Freedom of Parties to a Contract of Employment | |
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Freedom to put into a Contract Provisions more favourable to an Employee than the Provisions of a Collective Agreement | |
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Freedom to put into a Contract Provisions less favourable to an Employee than the Provisions of a Collective Agreement | |
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Collective Labour Agreements and the Evolution of Trade Unions and Employers' Organisations | |
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Reduction of the application of collective labour agreements as a consequence of a decrease in trade unionism | |
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Weakening of trade unions' bargaining power as a consequence of unemployment | |
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Collective Labour Agreements and other Collective Accords | |
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Works' agreements | |
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Informal collective agreements/concluded with informal employees' representation | |
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Collective Labour Agreements in the field of Particular Employment | |
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Atypical contracts of employment | |
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Contract labour/employment not based on a contract of employment | |
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Evolution of the Economy and its Impact on the Application of Collective Labour Agreements | |
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Development of the service sector based on self-employment | |
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Globalization of the economy and multinational collective agreements | |
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Collective Agreements and Individual Contracts of Employment under Modern Labour Conditions--Swiss Report | |
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Characterisation of Modern Labour | |
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Legal Consequences of the Modern Individual Employment Relationship | |
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The Status of Collective Labour Agreements under Present Law | |
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The Objectives of the Collective Labour Agreement | |
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The Crisis of Collective Labour Law | |
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New Orientation of Trade Union Policy | |