What Is The Legal Status Of A Collective Agreement

In other words, the rights acquired by workers to better working conditions cannot, in principle, be affected by a collective agreement, unless they were acquired on the basis of an earlier agreement which has now been replaced by a subsequent agreement revoking it, which contains an expressly broader general preferential clause. If this is the case, the principle of “conglobaço” adopted by law as a criterion for greater favourability means that one or other individual aspect of workers` working conditions may deteriorate (a situation called infringement of rights acquired by way of derogation from a previous agreement). The law, in the same article, also excludes the possibility of abolishing mandatory legislation or withdrawing a certain type of supplementary social benefits. See also Arbitral Award. Procedures for the defence of workers` rights are also provided for in collective agreements. It is the union`s responsibility to uphold workers` rights by filing a complaint and, if necessary, following up on the matter prior to arbitration. As a general rule, workers must be represented by trade unions in order to exercise their rights if a complaint is rejected by their immediate superior. .