Malaysia's Industrialization from 1950

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Act Of Collective Agreement

Section 8. Dispute Resolution. The parties use conciliation procedures to settle disputes arising from collective bargaining. However, the interpretation and application of the law must be consistent with the autonomy of collective agreements, which is protected as a fundamental right under Paragraph 9(3) of the GG. It is for the ordinary courts to rule in detail on outstanding issues. The law is incompatible with the Constitution only to the extent that it does not contain any provision to ensure that the interests of members of certain professional categories or branches are not unilaterally neglected in the prohibition of existing collective agreements. According to the principle of “proper functioning”, derogations from collective agreements are generally only possible if they are favourable to workers. For example, a company agreement may offer better working conditions than a collective agreement, but not the other way around. However, the social partners have the possibility to introduce into collective agreements “opening clauses” which, under certain conditions, allow derogations from tariff standards, even if they modify the conditions of employment for the worse. A collective agreement, collective agreement (CLA) or collective agreement (CLA) is a written contract negotiated by one or more unions with the management of a company (or employers` organisation) that governs workers` working conditions. This includes regulating workers` wages, benefits and obligations, as well as the obligations and responsibilities of the employer or employer, and often involves rules relating to the dispute settlement procedure. The first legal provisions on collective bargaining in Germany came into force during the First World War.

Although Germany experienced a sharp increase in collective agreements during the first decade of the twentieth century, the employers` camp experienced a strong political group, particularly in certain sectors of the nuclear industry such as mining, heavy industry and chemicals, which strongly rejected collective agreements as a restriction on employers` right to affects. It was only the particular circumstances of the war, which required close cooperation between capital and labor to ensure war production, that they agreed to accept the trade unions as a party to the negotiation. In December 1916 a law known as the “Patriotic Aid Service Act” was passed, which contained various provisions aimed at subordinating the entire economy to the requirements of the German war effort. To involve the workers` movement in the German war economy, the law provided for the first time certain legal rights for trade unions with regard to the fixing of working conditions. Section 16. Guarantees in the event of dissolution of the company. In the case of the dissolution of the enterprise, the amount of the worker`s right under the collective agreement is deducted from the assets of the dissolved enterprise before those due to the State budget, banks and other creditors. .

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