Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

With reference to its previous comment, the Committee notes with interest that the amendments to the 1967 Labour Code introduced by Act No. V of 1989 favour collective bargaining as a means of settling conditions of employment and that, since the new Act has come into force, two collective framework agreements have been concluded.

The Committee recalls that amendment of the provisions of a collective agreement should only be possible where they do not conform to the minimum standards set out in the labour law (see paragraph 311 of the Committee's General Survey on Freedom of Association and Collective Bargaining).

Accordingly, the Committee requests the Government to indicate the exact scope of:

- section 9 C), subsection 3, of the Code as amended which provides that a collective agreement that violates a collective framework agreement is null and void and of

- section D), subsection 5, which provides that a collective agreement may only be amended because a change is necessary due to an amendment of the law or because unlawful provisions of the agreement itself have been rescinded.