Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

In its previous comments, the Committee requested information on the system of extension of collective agreements pursuant to comments by the International Trade Union Confederation (ITUC), alleging that bargaining rights were weakened by provisions which state that higher level collective agreements (covering a whole industry, sector or region) only apply to those employers who specifically agree to them in writing.

The Committee takes note of the Government’s reply to these comments according to which section 7 of Act No. 2/1991 was amended so that employer consent is no longer required in order to be bound by the extension of a higher level collective agreement. The Committee takes note of the text of section 7 of Act No. 2/1991, as amended, communicated by the Government. The Committee notes that according to the Government, the employers’ organizations lodged a request for review of section 7, as amended, by the Constitutional Court. The Committee requests the Government to indicate the decision of the Constitutional Court.