The timetable for negotiations, as defined in the 1993 agreement, was that bi-censions on wages and non-payment issues should take place every four years. However, this situation has changed as a result of an agreement signed in 2009 by CISL and UIL, but not by CGIL. Interprofessional agreements last for three years and cover both salary and conditioning issues. The impact of the new provisions will therefore depend on the bargaining power of the parties at the enterprise level. The new rules could trigger new agreements in companies that have so far only been covered by the NCBA, although they are likely to slow wage developments in companies where collective bargaining is already underway. The labour tribunal will rule orally at the first hearing, unless it intends to appoint an expert or question witnesses (who will be heard at the first hearing or another hearing scheduled in the next ten days). Both the RSA and the RSU are involved in collective bargaining and verification of the correct application of laws and collective agreements. They have both information and consultation rights, as defined in collective agreements and by law. Both unions are generally consulted on issues such as overtime, employment policy, recruitment policy or corporate restructuring. It is important to get advice in order to take advantage of the many opportunities offered by the new laws, to reduce the cost of labour and to minimize the risk of litigation.
In these scenarios, the employer has the right to exempt the worker from work during the notice period and to pay him (or his heir in the event of death) in the event of death. This payment is calculated taking into account the worker`s annual base salary and the additional months of wages provided by the national collective agreement, the variable remuneration paid over the past three years and the value of the ancillary benefits granted to the worker. The Fascist reform of 1926 transferred all cases to professional judges, and it remained so until today. Law 533 of 1973 provides for special procedural rules that reduce the amount of material written in a work process, increase the participation of parties in the proceedings and speed up the process. At first instance there is a professional judge, regardless of the amount of money in the case, whose decisions can be challenged in a three-judge court, with a possible additional appeal to the five-member working chamber of the Supreme Court. Fixed-term contracts (fixed-term and open-end contracts) can only be concluded with qualified employment agencies. Workers must be subject to the same legal and economic conditions as those available to the staff of the user company. Like fixed-term contracts, employers cannot use staffing contracts to replace striking workers or replace workers who have been temporarily dismissed or have participated in collective redundancies in recent months. The total number of fixed-term contracts must not exceed 20% of the permanent workforce, unless collective agreements set different thresholds.
A national collective agreement applies to any company belonging to an employer organization that has signed the collective agreement as well as to other employers who voluntarily apply the collective agreement of the sector concerned (in fact, almost all companies).