Agreement Basic Conditions

The amendments to this agreement are only valid if they are available in writing and if they have been agreed and signed by both parties. The BCEA allows certain BCEA conditions to be amended or varied by agreement. An example is the adaptation of the 60-minute lunch break, mentioned in bceA and reduced to 30 minutes. This is a “dominant printing test” and means nothing more than asking the arbitrator to make a decision “on the probability balance sheet.” In fact, facts that indicate a working relationship are listed in a column and facts that indicate an independent working relationship (or facts that do not refer to a working relationship) appear in an adjacent column. By negotiating, the collective agreement of a bargaining council may result in less advantageous benefits than was originally provided for in the employment contract. It is also permissible to agree on more favourable benefits or terms in a contract, regardless of what is required by a collective agreement or legislation. It is important to keep in mind that once a particular clause has been part of the employment contract, that clause will be contractually applicable. An employer should not require that a specific contract clause simply serve as a gesture of goodwill, since it is now incorporated into a contract. However, when a contract is signed for a fixed term (one year or more), it must be available in writing for proof and, failing that, be considered an indeterminate contract.

12.1. The agreement contains all agreements between the parties regarding the purpose of the agreement and all the terms of the agreement and replaces, as of its entry into force, all previous written and written declarations of intent and agreements between the parties on the same purpose of the agreement. 12.2. Delay in the performance of a treaty right or obligation does not mean that such a right or exemption from the performance of such an obligation is nullified, the individual or partial exercise of a right or the performance of a right does not impede the continuation of the exercise of the right in question or the subsequent exercise of the corresponding right, unless : , the agreement or its context is different.