Some employers’ organisations cancel general private sector collective agreement
A number of Slovenian employers’ organisations have cancelled the general collective agreement for the private sector, as of 30 September 2005. However, because the Chamber of Commerce and Industry of Slovenia did not take the same step, it is unclear whether the other employers’ cancellation of the agreement is legitimate or not. If the cancellation does prove to be lawful, the agreement will cease to exist from 30 June 2006.
According to the Delo daily, the management board of the Slovenian Employers' Association (Zdruzenje delodajalcev Slovenije, ZDS) (SI0211102F) decided on 26 September 2005 that the ZDS will cancel the General Collective Agreement for the Private Sector (GCAPS) as from 30 September 2005. The management board of the Chamber of Crafts of Slovenia (Obrtna zbornica Slovenije, OZS) also decided to cancel the GCAPS. On 30 September 2005 the management board of the Chamber of Commerce and Industry of Slovenia (Gospodarska zbornica Slovenije, GZS), which has 35 members, voted on the cancellation of the GCAPS. 21 members of the GZS management board attended this extraordinary session. The GZS leadership (three members) voted against the cancellation, one member abstained, while 17 members voted for the cancellation. However, according to the management board statutes a majority of all of its members is required for the decision on cancellation to be accepted. It is now unclear whether the employers’ cancellation of the GCAPS is legitimate or not. In case that the cancellation is lawful the GCAPS will cease to exist after 30 June 2006.
In this case only sectoral and company collective agreements will remain in force after 30 June 2006. In those sectors where sectoral collective agreements do not exist and in sectors where negotiations on the sectoral collective agreements will be still underway after 30 June 2006, the company collective agreements and the Law on Labour Relations (LLR) (SI0206101N) shall apply.
According to the estimate of the Union of Free Trade Unions of Slovenia (Zveza svobodnih sindikatov Slovenije, ZSSS) (SI0210102F), the largest union organisation, there are 15,000 workers who are not covered by any sectoral collective agreement. In ZDS’ estimate, by contrast, there are 60,000 such workers.
In January 2004, 38 national agreements were registered at the Ministry of Labour, Family and Social Affairs (Ministrstvo za delo, druzino in socialne zadeve, MDDSZ) (SI0401103F). Two of them were general or cross-sectoral: the GCAPS (first registered in 1990) and the General Collective Agreement for the Public Sector covering mostly public services (first registered in 1991). Two of the registered agreements concerned individual occupations: the collective agreement for professional journalists (first registered in 1991) and the collective agreement for doctors and dentists (first registered in 1994). The rest were sectoral collective agreements covering the private and the public sector.
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