COLLECTIVE LABOUR REGULATION INSTRUMENTS

» Concept

Collective labour regulation instruments are a source of specific law of the employment contract in public functions

Expressed in other way, employment relationships formed by contract are regulated not only by law, but also by collective labour regulation instruments that are applicable to them

» Modalities

» Collective labour regulation instruments may be negotiable or not, according, respectively, to their norms are or not result of agreement reached in the course of negotiation of a collective labour agreement

» Negotiable collective labour regulation instruments are the collective labour agreement, the adhesion agreement and the decision of voluntary arbitration; those which are not negotiable is the decision of necessary arbitration

» Application Scope

Collective labour agreements irrespective of being collective career agreements or collective public employer agreements are applicable:

a) To the public employees performing functions in the signatory public employers, who hold the quality of members of the signatory trade unions at the time the negotiation process had begun as well as those being affiliated during the period covered by said agreements

b) To the other public employees included in the career or performing functions in the signatory public employer, save if a non-affiliated public employees or a trade union interested and with legitimacy to conclude the collective labour agreement covering its members expressly oppose to it

» Record and publication

The collective labour regulation’s instruments are delivered to the Directorate General for Administration and Public Employment (DGAEP) for recording purposes after all formal requirements established by the General Labour Law in Public Functions (LTFP) are met. Afterwards, it is incumbent upon DGAEP to send them for publication in the Official Gazette