Most countries have laws or regulations that govern the subsequent recognition of the union and whether existing collective agreements would remain in force in the event of closure or transfer of ownership. National practice may provide for a certain degree of flexibility in application, taking into account the conditions of the transfer of ownership, such as . B bankruptcy. When agreeing on working conditions that are less favourable than those prescribed by law, the question arises as to what is really favourable for the employee. If the contract or law states that the condition is a general principle such as “reasonable time”, this may be interpreted differently depending on the nature of the work. If the law clearly defines who takes precedence in the event of dismissal, the exemption for workers in the category concerned can be defined more clearly. Finally, it can be said that it is not yet customary in Estonia to define a more favourable situation in relation to several conditions of the same collective agreement. Answer: Collective bargaining is a voluntary process that must be conducted freely and in good faith. It may cover all conditions of work and employment and regulate relations between employers and employees and between employers` and workers` organizations. It is up to the parties to collective bargaining to decide what is covered by their negotiations.
Collective bargaining issues identified by the ILO Committee on Freedom of Association include: wages, benefits and allowances, hours of work, annual leave, selection criteria in the event of dismissal, the scope of collective agreements and the granting of trade union institutions. Such a diversification of the regulation of working conditions would allow flexibility and security adapted to the current situation by leaving room for manoeuvre in the decision-making process for important aspects of the employment relationship at the level of the company`s employees rather than at the level of individual employees. .