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Important: select the countries AND a theme (no result is displayed if no information is available).
Data is often available only for lower theme levels. In these cases, it is important to explicitly select those levels.

Countries

  1. +Africa
    1. Africa (all)
  2. +Americas
    1. Americas (all)
  3. +Arab States
    1. Arab States (all)
  4. +Asia
    1. Asia (all)
  5. +Europe
    1. Europe (all)
    2. Albania
    3. Bosnia and Herzegovina
    4. Bulgaria
    5. Croatia
    1. Hungary
    2. Moldova, Republic of
    3. Montenegro
    4. North Macedonia
    5. Poland
    1. Romania
    2. Serbia
    3. Slovakia
    4. Ukraine

Themes

  1. +National Regulatory Framework for Industrial Relations
    1. Constitutional framework
      1. Freedom of Association
      2. Right to Collective Bargaining
      3. Right to Strike
      4. Right to Lockout
    2. Legal definitions
      1. Employee
      2. Employer
      3. Trade Union (or workers' organisation)
      4. Employers' Organisation
      5. Collective bargaining
      6. Collective agreement
      7. Essential service
      8. Public service
      9. Dispute (Collective dispute)
      10. Strike
      11. Lockout
  2. +Organisations and their Administration
    1. Establishment of Organisations
      1. The right to establish or create an employers’ organisation
      2. The right to establish a trade union
      3. Is there a single trade union or employers’ organisation structure imposed by law or other regulation (ie collective agreement) at any level?
        1. National
        2. Territorial / local
        3. Sectoral / Industry
        4. Occupational
        5. Company / Workplace
      4. Is there a procedure in law/other to determine the (most) representative organization for tripartite social dialogue and collective bargaining?
        1. National
        2. Territorial / local
        3. Sectoral / Industry
        4. Occupational
        5. Company / Workplace
      5. Does the legislation/other afford any privileges / advantages to the organisation considered/determined as representative ?
        1. Exclusive bargaining rights
        2. Right of representation in tripartite bodies
        3. Consultation
        4. Other (specify)
      6. Does legislation prescribe a minimum number of members required for the establishment of an employer’s organisation?
        1. National
        2. Sectoral / Industry
        3. Territorial / Local
        4. Occupational
      7. Does legislation prescribe a minimum number of members required for the establishment of a trade union?
        1. National
        2. Sectoral / Industry
        3. Territorial / Local
        4. Occupational
        5. Company / Workplace
      8. Does legislation prescribe any formalities or requirements for the registration of an employers’ organisation?
      9. Does legislation prescribe any formalities or requirements for the registration of a trade union?
      10. Does legislation prescribe a limitation on employers or employers' organization to join more than one organisation in the country or to affiliate to a certain type of organization?
        1. National
        2. Sectoral / Industry
        3. Territorial / Local
        4. Occupational
      11. Does legislation prescribe the right of employers’ organisations to affiliate with an international organisation?
      12. Does legislation prescribe a limitation on workers or trade union to join more than one organisation, or are they required to join a particular type of organisation?
        1. National
        2. Sectoral / Industry
        3. Territorial / Local
        4. Occupational
        5. Company / Workplace
      13. Does legislation prescribe the right of trade unions to affiliate with an international organisation?
    2. Administration
      1. Are there any legal prescriptions on what must be included in the by-laws of an employers’ organisation?
      2. Are there any prescriptions on what must be included in the by-laws of a trade union?
      3. Does legislation prescribe any formalities to affiliate with an employers’ organisation?
      4. Does legislation prescribe any formalities to affiliate with a trade union?
      5. Does legislation prescribe any formalities and/requirements on the election of an employers’ organisation representative?
      6. Does legislation prescribe any formalities and /requirements on the election of the trade union representatives?
      7. Does legislation prescribe any formalities/requirement for the adoption of the decisions of an employers’ organisation?
      8. Does legislation prescribe any formalities/requirement for the adoption of the decisions of a trade union?
      9. Does legislation contain any specific provisions for the dissolution of an employers’ organisations?
      10. Does legislation contain any specific provisions for the dissolution of a trade union?
    3. Are there any categories of workers not allowed to form or join a trade union?
      1. Police / Security Forces
      2. Defence forces
      3. Public / civil servants (Managerial and supervisory staff)
      4. Others
  3. +This section provides general information on the mechanisms used for social dialogue between the government, employers’ organisations, and workers’ organisations.
    1. Legal and Institutional Framework
      1. Please indicate the main tripartite (if relevant, tripartite plus social dialogue) institution(s) at national level (e.g. Economic and Social Council, Labour Advisory Council, National Social Dialogue Commission etc.). If one does not exist, please indicate a tripartite/ social dialogue body that specialises on specific issues impacting the labour market, which is seen as most important in the country (e.g. Minimum Wage Commission, National Wage Council etc.). Please list these institutions and include any other relevant information.
      2. Please indicate the status of the institution(s) (e.g. does it operate within the structure of the Labour Administration, the head of the executive branch of the State (such as President Office or Prime Minister’s office), or is it an independent body.)
      3. Please provide a brief description of the institution(s), including the role, aims, composition, method of work, decision-making process, and any other relevant information.
      4. Please indicate the founding instrument of the institution(s) (e.g. Constitution, Industrial Relations Act, Decree, Labour Code, Tripartite agreement etc.):
      5. Please indicate the number of members : Less than 50; Between 50 and 100; More than 100.
      6. Are representatives other than workers, employers and government included in the institution(s)? (e.g. NGOs, civil society organisations, independent experts, academics, etc.)
      7. Please state the mandate of the institution(s)? (e.g. Economic policy, social and labour policy, wages and income, social security, gender related issues, settlement of labour disputes, labour law reforms, and other issues)
      8. Please specify if the opinions/decisions (if the case) are advisory, mandatory or legally binding
      9. Where does the budget of the institution(s) come from? Employment and Labour Ministry; Office of the Prime Minister; Other.
    2. Practical information
      1. Please list major tripartite agreements/social pacts/memoranda/agreements or recommendations on the national minimum wage/other that have been taken within the institution(s) in last 10 years?
      2. Please indicate the proportion of women members of the institution(s): Less than 10%; Less than 20%; Less than 30%; Between 30 and 60%; More than 60%.
  4. +Information and Consultation at the Workplace
    1. Does legislation provide procedures or bodies to promote information sharing and consultation between workers and employers at the workplace?
      1. Set by law
      2. Set by collective agreements
    2. Does legislation/collective agreement prescribe the minimum number of workers required for the establishment of information sharing and consultation procedures or bodies?
    3. Does legislation/collective agreement prescribe any formalities for the election of workers’ representatives in unionized and/or non-unionized workplaces?
      1. Unionized workplaces
      2. Non-unionized workplaces
    4. Does legislation require that procedures or bodies that carry out information sharing, consultation to be registered?
      1. If registration occurs, does labour legislation provide for any privileges to be granted?
    5. Does legislation/collective agreement set out the issues that may be covered under any of the processes?
      1. Information sharing
      2. Consultation
      3. Joint decision-making (if applicable)
    6. Does legislation prescribe the frequency or minimum number of times in which these procedures must be carried out?
    7. Does legislation/collective agreement provide for procedures to settle disputes that may arise from information sharing and consultation
  5. +Collective bargaining
    1. Scope in terms of subject matters
    2. Does the legislation prescribe the level(s) at which collective bargaining can/cannot take place?
    3. Representativity of trade unions and employers organizations to engage in collective bargaining
      1. In case there are two or more trade unions at the same workplace / sector/inter-sectors, are there any practice (e.g. voluntary recognition) or statutory criteria for the recognition of the bargaining agent in a given bargaining unit?
        1. National
        2. Territorial / local
        3. Sectoral / Industry
        4. Occupational
        5. Company / Workplace
      2. If no trade union meets the criteria to achieve the status of “exclusive bargaining agent” in a given bargaining unit, does the legislation grant the right to bargain to all trade unions, at least on behalf of their members?
      3. Does legislation establish representativity criteria for an employers' organization to negotiate a collective agreement?
        1. National
        2. Territorial / local
        3. Sectoral / Industry
        4. Occupational
        5. Company / Workplace
      4. Does legislation/collective agreement establish procedures or formalities to be met by the parties to enter into collective bargaining?
      5. Does labour legislation afford the possibility to negotiate and conclude collective agreements directly with “workers’ representatives”?
        1. When there is no trade union
        2. When a trade union does not meet the representativity criteria
        3. Alternatively to the trade union
        4. Other (specify)
    4. Hierarchy of collective agreements in the domestic legal system
      1. Does labour legislation provide for any rules / exceptions by which the provisions of the collective agreement prevail over mandatory / statutory rules?
        1. When the collective agreements is more favourable to the workers (“favourability principle”)
        2. Even if the collective agreement is less favourable to the worker (“derogatory principle”)
        3. Other (specify)
      2. Does legislation provide for any rules / exceptions by which individual labour contracts prevail over collective agreements?
        1. When the individual contract is more favourable to the workers (“favourability principle”)
        2. Even if the individual contract is less favourable to the worker (“derogatory principle”)
        3. Other (specify)
    5. Does legislation allow the conclusion of special types of collective agreements?
      1. Close shop agreements
      2. Agency shop agreements
      3. Other (specify)
    6. Does legislation establish any rules for the endorsement or ratification of draft collective agreements?
    7. Legal effect of collective agreements ie binding only the signatories or erga omnes
    8. Duration
      1. Does labour legislation establish a minimum duration of collective agreements?
        1. One (1) year
        2. Two (2) years
        3. Decided by the parties
        4. Other (specify)
      2. Does labour legislation establish a maximum duration of collective agreements?
        1. Two (2) years
        2. Three (3) years
        3. Five (5) years
        4. Decided by the parties
        5. Other (specify)
      3. Does legislation establish that collective agreements remain in force after their expiration?
        1. For a max. of one (1) year
        2. For a max. of two (2) years
        3. Until a new one is concluded
        4. Other (specify)
    9. Does legislation provide that the collective agreement covers all workers in the concerned bargaining unit?
    10. Extension
      1. Does legislation provide for a procedure whereby the applicability of an existing collective agreement can be extended to include workers and employers not directly covered by the agreement?
        1. Automatically extended to non-organised workplaces within a particular sector / territory (erga omnes)
        2. Extension after a declaration issued by the authorities (e.g. DGA by Labour Ministry)
        3. Other (specify)
      2. Does legislation establish who can / must request the extension of collective agreements?
        1. Social Partners
        2. Labour Ministry / Government
        3. Other (specify)
      3. Does legislation provide for conditions to be met before the extension of collective agreements?
        1. Pre-existence of a collective agreement(s) concluded between representative parties (workers & employers)
        2. A high number of workers in the specific level are already covered by the agreement
        3. Public interest
        4. Other (specify)
      4. Does legislation prescribe any subject matters that can be excluded from the extension of collective agreements? If yes, please specify.
      5. Does legislation provide for an exception / exemption clause?
    11. Procedural provisions / Formalities
      1. Does labour legislation require the social partners to bargain in good faith?
      2. Does labour legislation prescribe the registration of collective agreements?
      3. Does labour legislation grant the possibility to amend the collective agreement?
      4. Does legislation establish any procedural requirement for validity of collective agreements ie written form, official language, other?
    12. Exclusion
      1. Are there any employers excluded from collective bargaining for reason of size of the enterprise?
      2. Are there any category of workers excluded from collective bargaining?
        1. Police / Security Forces
        2. Defence forces
        3. Public / civil servants (Managerial and supervisory staff)
        4. Others (specify)
    13. Please add numbers here.
      1. Trade Union Membership
  6. +Labour Disputes and their Resolution
    1. Conciliation / Mediation
      1. Does labour legislation prescribe a mediation / conciliation mechanism in case of disputes arising out of industrial relations?
        1. Voluntary
        2. Mandatory
      2. Are there any institutions / bodies authorised / entrusted with powers to provide mediation / conciliation services?
        1. Ministry of Labour (Gov. officers)
        2. Ministry of Labour (tripartite commission)
        3. Independent body
        4. Within Labour court / Tribunal
        5. Private
        6. Other (specify)
    2. Arbitration
      1. Does labour legislation prescribe an arbitration mechanism in case of disputes arising out of industrial relations?
        1. Voluntary
        2. Mandatory
      2. Are there any institutions / bodies authorised / entrusted with powers to provide arbitration services?
        1. Ministry of Labour (Gov. officers)
        2. Ministry of Labour (tripartite commission)
        3. Independent body
        4. Within Labour court / Tribunal
        5. Private
        6. Other
      3. Are the arbitration awards legally binding for the parties?
      4. Does legislation/collective agreement provide for mechanism/procedure for enforcement of arbitration awards?
      5. Does legislation/collective agreements provide for a mechanism for enforcing arbitration awards?
    3. Conditions to call a strike
      1. Does the legislation provide that trade unions must obtain previous authorisation / approval by the authorities to hold a strike?
        1. All types of strike
        2. Essential services
        3. Public utility services
        4. Public service
        5. Other
      2. Does the legislation require giving prior notice to hold a strike? (“cooling-off period”)
        1. All types of strike
        2. Essential services
        3. Public utility services
        4. Public service
        5. Other (specify)
      3. Does legislation require the exhaustion of a procedure of conciliation / mediation and/or arbitration prior to a strike?
        1. Conciliation / Mediation
        2. Arbitration
      4. Does labour legislation require a ballot to hold a strike?
    4. Limitations on strikes
      1. Does the legislation establish restrictions of strikes based on their aims / goals?
        1. Political
        2. Economic and social issues
        3. Sympathy / Solidarity
        4. Other (specify)
      2. Does legislation restrict strikes at certain level(s)? (e.g. National, territorial, sectoral, occupational or workplace level)
      3. Does legislation restrict certain types of strike?
        1. Pickets
        2. Wildcat
        3. Work-to-rule
        4. Sit-down
        5. Go-slow
        6. Other (specify)
      4. Does legislation provide that in certain circumstances a strike might be restricted?
        1. Acute national crisis
        2. Essential service
        3. Other (specify)
      5. Does labour legislation provide for any restriction to hold a strike during the lifetime of a collective agreement? (peace obligation)
      6. Does labour legislation authorise the requisition or replacement of workers holding a strike?
        1. All
        2. Essential service
        3. Other (specify)
      7. Does labour legislation provide for compensatory guaranties in the event of prohibition of strikes?
      8. Does labour legislation provide for any rules for the establishment of a “minimum service” in case of a strike?
        1. Agreed by the social partners
        2. Imposed by the authorities
        3. By decision of the Labour courts / Judiciary
        4. Independent body
        5. Other (specify)
      9. Does legislation provide for any for sanctions in case of a strike considered illegal?
        1. Civil
        2. Criminal
        3. Administrative
        4. Other (specify)
      10. Does legislation prevent certain categories of workers from holding a strike?
        1. Police / Security Forces
        2. Defence forces
        3. Public / civil servants (Managerial and supervisory staff)
        4. Others (specify)
    5. Does legislation establish the conditions to hold a lockout?
  7. +Working conditions
    1. Minimum wage
      1. Is there a Minimum Wage fixing mechanism prescribed by
        1. By-law
        2. Collective Agreement
        3. Other (specify)
      2. Does labour legislation/collective agreement/tripartite agreement prescribe any criteria for Minimum Wage fixing?
        1. Economic
        2. Social
        3. Other (specify)
      3. Does labour legislation/collective agreement/tripartite agreement prescribe the level at which Minimum Wage fixing can take place?
        1. National
        2. Territorial/local
        3. Sectoral/industry
        4. Occupational
      4. Does labour legislation/collective agreement/tripartite agreement exclude any of the following categories of workers from the coverage of the Minimum Wage?
        1. Apprentices
        2. Casual workers
        3. Workers under 18 years of age
        4. Homeworkers
        5. Workers in family business
        6. Disabled workers
        7. Other (specify)
    2. Wages
      1. Does labour legislation/collective agreement/tripartite agreement prescribe a wage fixing mechanism at one of the following levels?
        1. National/inter-occupational
        2. Sectoral/industry
        3. Occupational
        4. Territorial/local
        5. Company
      2. Are there different wage fixing mechanisms set for public and private sector?
        1. Public sector
        2. Private sector
      3. Does labour legislation/collective agreement/tripartite agreement provide for criteria for wage fixing?
        1. Economic
        2. Social
        3. Other (specify)
      4. Does labour legislation/collective agreement/tripartite agreement prescribe any components of the wage in addition to basic remuneration?
      5. Does labour legislation/collective agreement/tripartite agreement provide for wage protection measures?
    3. Working hours and paid leave
      1. Does labour legislation/collective agreement/tripartite agreement prescribe normal weekly working hours limit?
      2. Does labour legislation/collective agreement/tripartite agreement prescribe overtime limit?
      3. Does labour legislation/collective agreement/tripartite agreement prescribe maximum daily working hours limit?
      4. Does labour legislation/collective agreement/tripartite agreement prescribe maximum weekly working hours limit?
      5. Does labour legislation/collective agreement/tripartite agreement prescribe minimum mandatory overtime premium and/ allow for days of in lieu?
        1. Wage increase
        2. Compensatory rest
      6. Does labour legislation/collective agreement/tripartite agreement prescribe minimum premium and/allow for days of in lieu?
        1. Shift work
        2. Night work
        3. Other (specify)
      7. Does labour legislation/collective agreement/tripartite agreement prescribe any paid leave?
        1. Annual leave
        2. Other (specify)
      8. Does labour legislation/collective agreement/tripartite agreement address weekly rest?
  8. +Termination of employment at the initiative of the employer
    1. Dismissal for reasons connected with the worker
      1. Does labour legislation/collective agreement/tripartite agreement provide for a list of valid grounds for individual dismissal?
      2. Does labour legislation/collective agreement/tripartite agreement provide for a list of prohibited grounds/invalid reasons for individual dismissal?
      3. Does labour legislation/collective agreement/tripartite prescribe any procedural requirements to be met prior to termination of employment contract?
        1. Oral and written warning of the concerned worker
        2. The right of the concerned worker to be heard by his/her employer
        3. The right of the worker to appeal to an administrative body
        4. Period of notice
        5. Consultation of trade union/workers’ representatives
        6. Other (specify)
    2. Dismissal for reasons connected with the operational requirements of the company / economic reasons
      1. Does labour legislation/collective agreement/tripartite agreement provide for selection criteria in case of dismissal for economic reasons?
        1. Individual dismissal
        2. Collective dismissal
      2. Does labour legislation/collective agreement/tripartite agreement provide for procedures in case of dismissal for economic reasons?
        1. Individual dismissal
        2. Collective dismissal
    3. Are there any categories of workers or enterprises excluded from the scope of termination of employment legislation? Please specify and provide the relevant text.
    4. Burden of proof
      1. Does labour legislation prescribe that the burden of proof in case of dismissal is on?
        1. Employer
        2. Worker
        3. Both employer and worker
    5. Severance payment
      1. Does labour legislation/collective agreement/tripartite agreement prescribe severance payment for dismissed worker?
        1. Individual dismissal
        2. Collective dismissal
      2. Does labour legislation/collective agreement/tripartite agreement prescribe any conditions to be met by the dismissed worker in order to receive severance payment?
      3. Does labour legislation/collective agreement/tripartite agreement prescribe any funding source for severance payments?
    6. Does labour legaislation provide for remedies in case of unfair dismissal?
      1. Reinstatement
      2. Compensation
  9. +Non-standard forms of employment
    1. Does labour legislation/collective agreement/tripartite agreement provide for a definition of any of the following forms of employment?
      1. Definition of fixed term
      2. Definition of short term
      3. Definition part time
      4. Definition temporary agency work
      5. Definition casual work
      6. Definition seasonal work
      7. Definition dependent self-employment
      8. Definition self-employment
      9. Definition employment in family enterprise
      10. Definition employed in cooperative
    2. Does labour legislation/collective agreement/tripartite agreement prescribe the right to organize in case of any category of workers employed in forms of employment listed at 9.1.1.?
    3. Does labour legislation/collective agreement prescribe the right to collective bargaining in case of any category of workers employed in forms of employment?
    4. Does labour legislation/collective agreement/tripartite agreement prescribe equal opportunities and/equal treatment?
    5. Does labour legislation/collective agreement/tripartite agreement/jurisprudence prescribe any criteria for establishing the existence of actual employment relationship irrespective whether there is or not a (written) employment contract?
  10. +Resolution of individual labour disputes
    1. Judicial resolutions of individual disputes
      1. Does law prescribe general judicial competency for individual labour disputes of any of the following?
        1. Ordinary court
        2. Labour court
        3. Administrative court
        4. Other (specify)
      2. Does law prescribe exclusive judicial competency for certain grounds of individual labour disputes?
    2. Out of court settlement (conciliation/mediation/arbitration) of individual labour disputes
      1. Does law prescribe a mechanism for mediation/conciliation/arbitration of individual labour disputes / provide for the possibility of setting up such mechanism through collective agreement. Please specify and provide the relevant text?
      2. Is there a practice for collective agreements to set out procedures for examination of?
      3. Are there any institutions/bodies authorized to provide mediation/conciliation/arbitration of individual labour disputes?
        1. Ministry of Labour (civil servants)
        2. Ministry of Labour (tripartite commission)
        3. Independent public body (specify if tripartite or bipartite composition)
        4. Private (specify)
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