(1) When three-fourths or more of the workers of the same kind regularly employed in a particular factory or other workplace come under application of a particular collective agreement, the agreement concerned shall be regarded as also applying to the remaining workers of the same kind employed in the factory concerned or workplace.
(2) When a majority of the workers of the same kind in a particular locality come under application of a particular collective agreement, the Minister of Labour or the prefectural governor may, at the request of either one or both of the parties to the collective agreement concerned and pursuant to a resolution of the Labour Relations Commission, decide that the collective agreement concerned (including an agreement revised pursuant to the provisions of paragraph (3)) should apply to the remaining workers of the same kind employed in the same locality and to their employers.
(3) In the event the Labour Relations Commission determines, in making the resolution referred to the preceding paragraphs, that the collective agreement concerned contains inappropriate portions, the Commission may amend those portions.
[Japan, Trade Union Law (No. 174 as amended by Law No. 89 of 12 November 1993), Articles 17]
Sect. 43. Upon the request of any employer or worker and after due examination of such a request, including the consideration of recommendations of a commission set up by the Minister with the participation of the employers and workers concerned, the Minister may decide to expand the scope of application of any collective agreement that has been executed for at least two months, so as to render it, with all its clauses, binding on all employers and workers in a specific sector or a group of employers and workers, in all regions or in a specific region. Decisions taken pursuant to this section shall be published in the Official Gazette.
[Jordan, Labour Code 1996]
Chapter 2. Collective agreements which may be extended
Sect. 72. 1. Collective agreements which have the objective of regulating relationships between employers and workers in one or several branches of activity at the national, regional or local level are concluded between the occupational organizations of employers and workers concerned considered to be representative and may be extended to all employers and workers in the branch or branches of activity concerned, in the areas and under the conditions set out be decree.
Extension shall only be possible where the economic and social situation of the enterprises likely to be concerned by this measure is analogous to that of the enterprises already bound by the agreement. Where, in view in particular of their turnover and payroll, this condition is fulfilled only by a proportion of such enterprises, the extension shall be limited to this sole category.
Under the conditions determined by decree, stipulations which do not correspond to the situation of the branch or branches of activity under consideration may also be extracted from the agreement, without modifying its overall effect.
Sect. 72. 2. The collective agreements covered by this chapter shall necessarily contain clauses relating to:
(1) The free exercise of the right to organize and the freedom of opinion of workers;
(2) The wages applicable by occupational category;
(3) Conditions of application and rates for overtime hours, night work and non-working days;
(4) The duration of the trial period and of the notice period;
(5) Staff delegates;
(6) The procedure for the revision, modification and denunciation of the whole or part of the collective agreement;
(7) Conditions for the application of the principle of equal remuneration for women and young persons for work of equal value,;
(8) Paid holidays.
Sect. 72. 3. Collective agreements may also contain, without such enumeration being limitative, clauses relating to:
(1) Seniority and attendance bonuses;
(2) Compensation for professional and similar expenses;
(3) Travel expenses;
(4) Subsidies for all workers having to take their meals at the workplace;
(5) General conditions for piecework remuneration wherever a specific type of remuneration is recognized as possible;
(6) Increments for arduous, dangerous and unhealthy work;
(7) Conditions for the recruitment and dismissal of workers provided that such provisions shall not prejudice the freedom of choice of trade union by workers;
(8) Where appropriate, the organization and functioning of apprenticeship and vocational training in the branch of activity concerned;
(9) The specific conditions of work of women and young persons in certain enterprises covered by the agreement;
(10) Where appropriate, the conditions for the establishment of the security referred to in section 13.5;
(11) The reduced working time of certain categories of personnel and their remuneration conditions;
(12) The organization, management and financing of social services and medico-social services;
(13) Specific conditions of work: shift work, work during the weekly rest and on national holidays;
(14) Agreed arbitration procedures under which collective labour disputes which may arise between employers and workers bound by the agreement shall or may be resolved.
Optional provisions recognized as being useful may be rendered compulsory by decree.
Sect. 72. 4. Upon the favourable opinion of the Advisory Labour Commission, collective agreements which only cover one or more specific points may be extended.
[Côte d'Ivoire, Labour Code, 1995]
Part 1: Agreements which may be extended
Sect. L133-1
To be capable of being extended, branch, occupational or inter-occupational
agreements, their schedules and annexes, must have been negotiated and concluded
in a commission composed of representatives of the occupational organizations
of employers and employees that are representative in the field concerned.
Upon the request of one of the above organizations, or at her or his own initiative, the Minister responsible for labour may convene a meeting of a joint commission, composed as indicated in the previous paragraph, and chaired by her or his representative. She or he is bound to convoke such a commission where two of the above organizations so request.
Sect. L133-2
The representativeness of occupational organizations shall be determined according
to the following criteria:
- membership;
- independence;
- dues;
- the experience and seniority of the organization;
- patriotic attitude during the occupation.
Sect. L133-3
Where it is appropriate to determine the representativeness of an organization other than those affiliated to one of the representative organizations at the national level, the Minister responsible for labour shall cause an investigation to be carried out. The organization in question shall provide the information available to it for the purposes of the investigation.
Sect. L133-4
In the event of a dispute relating to the size of the delegations making up the joint commission, the Minister responsible for labour may determine, in the convocations, the maximum number of representatives per organization.
Sect. L133-5
To be capable of being extended, a branch agreement concluded at the national
level shall necessarily contain, in addition to the clauses envisaged in sections
L132-5, L132-6 and L132-17, provisions relating to:
(1) The exercise of the right to organize and the freedom of opinion of employees;
(2) Staff delegates, the health, safety and working conditions committee, enterprise
committees and the financing of the social and cultural activities organized
by such committees;
(3) The essential elements used for the determination of occupational classifications
and levels of qualification, with particular reference to criteria relating
to occupational qualifications or their equivalence, provided that such qualifications
have been in existence for more than one year;
(4) The wage components enumerated below applicable by occupational category,
and the procedures and periods envisaged for their adjustment;
(a) the national minimum occupational wage for unskilled employees;
(b) the hierarchical coefficients relating to the various occupational qualifications;
(c) the increments for physically arduous, stressful, dangerous and unhealthy
work;
(d) the conditions for the application of the principle of “equal remuneration
for equal work” and the procedures for the settlement of difficulties
which may arise in this respect, taking into account in particular situations
revealed by the application of section L132-12, second paragraph;
(5) Paid holidays;
(6) The conditions governing the recruitment of employees, on condition that
the provisions envisaged do not jeopardize their free choice of trade union;
(7) The conditions for the termination of contracts of employment, including
the period of notice and termination allowances;
(8) The organization and functioning of apprenticeship, vocational training
and further training in the branch concerned, including special provisions
for persons with disabilities;
(9) Occupational equality between women and men and the affirmative measures
intended to remedy inequalities observed in practice. These measures shall
apply, among other areas, to access to employment, training, occupational advancement
and conditions of work and employment;
(10) Equality of treatment between French nationals and foreign employees,
particularly in relation to employment;
(11) The specific measures for the implementation of the right to work of all
persons with disabilities who are in a condition to exercise an occupation,
particularly through the application of the employment obligation set out in
section L323-9;
(12) Insofar as necessary in the branch:
(a) the specific conditions of work of expectant or nursing mothers and young
persons;
(b) the conditions of employment and remuneration of part-time personnel;
(c) the conditions of employment and remuneration of homeworkers;
(d) guarantees for employees called upon to perform their work abroad;
(e) the conditions of employment of the staff and employees of external enterprises,
and particularly temporary workers;
(f) the conditions under which the employee(s) author(s) of an invention, reverting
to the employer under the terms of the second subsection of section 1ter of
Act No. 68-1 of 2 January 1968 on patents for inventions, benefit from additional
remuneration.
(13) The conciliation procedures set out in the agreement under which any collective
labour disputes which may arise between employers and employees bound by the
agreement are to be settled;
(14) The conditions of access to a health insurance scheme;
(15) The conditions for the implementation of the provisions of Title IV relating
to workers’ participation, profit-sharing and enterprise savings plans,
and particularly the possibility to assign a part of the amounts collected
in the context of the plan envisaged in section L443-1-2, where such a plan
is established, for the acquisition of shares in the solidarity funds referred
to under section L443-1-2 (III).
Sect. L133-6
In the absence of an agreement at the national level, the provisions of the previous section shall be applicable to branch agreements concluded at other levels, provided that they can be extended, subject where appropriate to such adaptation as may be necessitated by the specific conditions of the geographical areas concerned.
Sect. L133-7
A branch agreement which may be extended may also contain, without such enumeration
being limitative, provisions relating to:
(1) specific conditions of work:
(a) overtime hours;
(b) shift work;
(c) night work;
(d) work on Sundays;
(e) work on national holidays;
(2)The general conditions respecting piecework remuneration for the categories
concerned, except in the case of dangerous, arduous or unhealthy work;
(3) Seniority and attendance bonuses;
(4) Compensation for occupational and assimilated expenses, including travel
expenses;
(5) The collective guarantees referred to in section L911-2 of the Social Security
Code;
(6) The procedures determined in the agreement relating to arbitration under
which collective labour disputes that may arise between employers and employees
bound by the agreement are to be or may be resolved;
(7) The conditions for the exercise of responsibilities in relation to mutual
benefit schemes.
Part 2: Procedures for the extension of and broadening the scope of an agreement
Sect. L133-8
At the request of the one of the organizations referred to in section L133-1
or at the initiative of the Minister responsible for labour, the provisions
of a branch agreement or an occupational or inter-occupational agreement, which
are in accordance with the specific conditions set out in the previous section,
may be made obligatory for all employees and employers coming within the scope
of the above agreement by order of the Minister responsible for labour after
receiving a reasoned opinion from the National Collective Bargaining Commission
envisaged in section L136-1.
Once the request referred to in the previous paragraph has been received, the
Minister responsible for labour shall be under the obligation to set in motion
the procedure for extension forthwith.
The extension of the effects and penalties envisaged by the agreement shall
be for the duration and under the conditions set forth in the above agreement.
However, the Minister responsible for labour may exclude from such extension,
following the reasoned opinion of the National Collective Bargaining Commission,
clauses which contravene laws or regulations that are in force and those which
may be withdrawn from the agreement without modifying its overall effect and
do not correspond to the situation of the branch or branches concerned. Under
the same conditions, the Minister may extend, subject to the application of
the laws or regulations in force, clauses which are incomplete under the terms
of the above texts.
Sect. L133-9
The Minister responsible for labour may also, in accordance with the rules
set out in the above section, make obligatory by order the schedules or annexes
to an agreement that has been extended.
The extension of the schedules or annexes to an agreement that has been extended
shall be effective within the scope of the agreement in question, unless specific
provisions determine a different scope.
Sect. L133-10
Where the schedules to an agreement that has been extended only cover wages,
they shall be subject to an accelerated examination procedure the details of
which shall be set out by regulation after consulting the National Collective
Bargaining Commission.
This procedure shall be such as to preserve the rights of third parties.
In agricultural occupations, wage schedules to collective agreements which
have been extended at the departmental level may be extended by order of the
representatives of the Republic.
Sect. L133-11
Where the favourable reasoned opinion of the National Collective Bargaining
Commission is issued without written and reasoned opposition either from two
organizations of employers or two organizations of employees represented on
the Commission, the Minister responsible for labour may, in accordance with
the rules set out in the above sections, extend by order an agreement or its
schedules or annexes:
(1) Where the text has not been signed by all the most representative organizations
concerned;
(2) Where the agreement does not include all the compulsory clauses enumerated
in section L133-5;
(3) Where the agreement does not cover all the occupational categories in the
branch, but only one or more of them.
In the event that opposition is expressed under the conditions set out in the first subsection, the Minister responsible for labour may once again consult the Commission on the basis of a report setting forth the scope of the provisions in question and the consequences of any extension. The Minister responsible for labour may decide upon such extension in the light of the new opinion issued by the Commission; the reasons for such a decision shall be given.
Sect. L133.12
Where the absence or inadequacy of organizations of employees and employers
results in the persistent impossibility of concluding an agreement in a specific
branch or geographical area, the Minister responsible for labour may, at the
request of one of the representative organizations concerned, or at her or
his own initiative, unless opposition is expressed in writing and with reasons
by the majority of the members of the National Collective Bargaining Commission:
(1) Make compulsory in the region concerned a branch agreement that has already
been extended to a different area. The area covered by the order broadening
the scope of the agreement must be in an analogous economic situation to those
in which extension has already occurred;
(2) Make compulsory in the occupational sector concerned an occupational agreement
that has already been extended to another occupational sector. The occupational
sector covered by the order broadening the scope of the agreement must present
analogous conditions to those of the sector in which extension has already
occurred with regard to the jobs exercised;
(3) Make compulsory in one or more branches of activity not included in its
scope an inter-occupational agreement that has been extended;
(4) Where the broadening of the scope of an agreement has been ordered in accordance
with the previous subsections, make compulsory their subsequent schedules or
annexes which have themselves been extended in the sector or sectors covered
by such broadening of its scope.
Sect. L133-13
Where no schedule or annex has been added to a branch agreement for at least five years, or where, in the absence of an agreement, accords have not been concluded for five years at least, this situation may be assimilated to the absence or inadequacy of organizations within the meaning of the previous section and give rise to the application of the procedure envisaged in the above section.
Sect. L133-14
The order respecting the extension or broadening of the scope of an agreement
shall be proceeded by the publication in the Official Journal of an opinion
relating to the envisaged extension or broadening of the scope of the agreement,
inviting the organizations and persons concerned to make known their observations.
The order shall be published in the Official Journal. The provisions that are
extended shall themselves be published under the conditions set out by regulation.
The conditions respecting the publicity that must be given to the procedure for the extension or broadening of the scope of an agreement applicable to the wage schedules to collective agreements at the departmental level covering the agricultural occupations shall also be set out by regulation.
Sect. L133-15
An order extending an agreement shall become void on the day on which the
above agreement ceases to be in force.
An order broadening the scope of an agreement shall become void on the day
on which the order extending the agreement concerned ceases to be effective.
Where an agreement is subsequently concluded in a geographical or occupational area previously covered by an order broadening the scope of an agreement, the former agreement shall cease to apply to employers bound by the new agreement; an order extending the new agreement shall repeal the order broadening the scope of the former agreement in the fields covered by the extension.
Sect. L133-16
In the manner envisaged in this section, the Minister responsible for labour
may, at the request of one of the representative organizations concerned or
at her or his own initiative:
- repeal an order with a view to bringing to an end the extension of an agreement
or of certain of its provisions where it appears that the texts concerned no
longer correspond to the situation of the branch or branches concerned;
- repeal the order broadening the scope of an agreement with regard to the
whole or part of the occupational or geographical scope of the order.
Sect. L 133-17
The provisions of this Part shall not be applicable:
- to the agreements envisaged in section L352-1 of this Code;
- to the agreements concluded in the context of a collective agreement and
which, under the terms of section L442-5 of this Code, are intended to determine
the nature and conditions for the management of the rights accorded to employees
covered by the provisions of this section.
[France, Labour Code]