Question: Is the participation of workers` representatives in restructuring/sales processes in enterprise law within the scope of collective agreements? Answer: Collective bargaining is a constructive forum for the treatment of working conditions and conditions of employment and relations between employers and workers or their respective organisations. It is often more efficient and flexible than state regulations. It can help anticipate potential problems and promote peaceful mechanisms to address them; to find solutions that take into account the priorities and needs of both employers and workers. Healthy collective bargaining benefits both leaders and workers, and the peace and stability that fosters them benefits society at large. Collective bargaining can be an important institution of governance – it is a way to increase the consent of the governed by involving them in decisions that directly affect them. Governments should consult with employers` and skilled workers` organizations to determine the minimum benefits and the minimum number of workers needed to make them available, to ensure that the scale of the minimum service does not, in practice, result in the strike becoming ineffective because of its limited effects.  Any difference of opinion in determining these minimums should be resolved by an independent body and not by the Ministry of Labour or by the relevant department or (public) company.  Answer: Collective bargaining is a voluntary process and must be conducted freely and in good faith. It can cover all working and employment conditions and regulate relations between employers and workers, as well as between employers` and workers` organisations. It is up to the social partners to decide what will be dealt with in their negotiations.
Among the themes of collective bargaining defined by the ILO`s Committee for Freedom of Association are: wages, benefits and allowances, working time, annual leave, selection criteria in the event of dismissal, coverage of collective agreements and the granting of trade union institutions. However, the right to strike is not absolute. Legislation can set the conditions for the exercise of this right, for example. B under the terms of a strike vote, strike notice, pre-conciliation procedure or mediation.
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