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  • 14. September 2021

    Collective Agreement Olrb

    Workers should familiarize themselves with the collective agreement applicable to their collective agreement unit. Whatever the situation, it is advisable to assess the available remedies without delay. Timelines for promoting a complaint under collective agreements are not standardized. They vary from agreement to agreement. If you think you have been degraded and do not agree with the terms of your new job, it is extremely important to make it clear to your employer that you do not accept the demotion (preferably in writing). When an employee is demoted and that employee agrees to work in the other position, the courts treat the worker`s behaviour after a certain period of time as an acceptance of the new terms of the employment contract instead of the old one. In this case, it is considered that the worker is „entitled“ to the new contractual conditions, which prevents him from treating the alleged downgrading as a constructive dismissal. However, if you notify your refusal of the new terms and conditions of employment, you may, after consultation with your lawyer, bring an action for constructive annulment. Unionized workers may, as part of a complaint procedure, remedy this in the event of a dispute relating to the management of the employer or the application of the collective agreement. If the appeal is not resolved, the dispute may be submitted to arbitration. Except in rare cases, the Union will have the right to decide whether to withdraw an appeal, include it or proceed with arbitration proceedings. Normally, a unionized worker cannot continue his or her employment relationship for violation of his or her labour rights, as these rights are governed by the workers` collective agreement. As a result, a unionized worker can file a complaint against his employer in accordance with the complaint procedure provided for in his collective agreement.

    If the complaint procedure does not resolve the issue, the next step is to arbitrate. Instead, olra and CLC provide that all disputes must be resolved through a redress procedure under a collective agreement. In a situation where a complaint is not resolved, it may be referred to arbitration. Most collective agreements give the union the right to choose which complaints it submits to arbitration. This is often referred to as the „right to promote complaints,“ where the union can exercise its discretion not to take a complaint to arbitration. Finally, some workers are considered „trustees“ vis-à-vis their former employer. These employees are usually very well placed in the hierarchy of the company (for example. B a chief financial officer). In such cases, these employees could be prevented from participating in competitive behaviour, even if there is no agreement with the above-mentioned type of clauses. This is due to the fact that fiduciary workers are not „mere workers“, given that they normally have access to important confidential information and are able to make important decisions on behalf of their employer, making their employer vulnerable. .

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    Verfasst von Stefan Oberhauser

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    Veröffentlicht in Allgemein


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