Common use of MISCELLANEOUS PROVISIONS Section Clause in Contracts

MISCELLANEOUS PROVISIONS Section. 40 Local bargaining‌‌‌ 1. Local bargaining requires open dialogue that builds trust and a balanced bargaining position between the employer and the staff representatives. The primary operating model should be willingness to take initiative to find the best possible solutions that promote the interests of both the company and employees and their reconciliation while considering local needs. 2. At the company group level, while considering the mandatory provisions of the law, exceptions concerning the following stipulations of the collective agreement may be agreed: • notwithstanding the stipulations in section 6, it may be agreed that the regular working time is, on average, as set out in sub- section 1 of section 6 (e.g. working time bank) • competence development outside the regular working time, as referred to in subsection 9 of section 6 • the monitoring period for flexible working hours, as referred to in subsection 12 of section 6 • stipulations concerning the adjusted working hours, as referred to in section 7 • exchanging overtime compensation for time off, as referred to in subsection 8 of section 12 • stipulations concerning lunch, as referred to in section 11 • stipulations concerning holiday bonus and annual leave sabbat- ical, as referred to in sections 26 and 27. • Provisions of Appendix 5 apply to weekend work and special work locations. • Matters of Appendix 8 which may, according to section 9 of the protocol of pay discussions, be agreed differently. In case of parties other than company groups, companies have a similar right to agree. When a company belongs to a group of com- panies, the right to agree at the company level applies to the mat- ters referred to hereinabove for which the transfer of the right to agree on exceptions has been agreed at the company group level. The parties in local bargaining are the group of companies and the registered employee associations (Pro, YTN) for groups of under- takings; the registered employer association and registered em- ployee associations (Pro, YTN) for bank groups and the employer and shop ▇▇▇▇▇▇▇/senior staff representative for companies. 3. Employee representatives participating in negotiations concerning local agreements have the right to obtain the necessary information related to the matter. 4. Negotiations are conducted with industrial peace prevailing and they are not transferred to the labour market organisation level. 5. Local agreements must be made in writing. Local agreements must state the deviations agreed to the stipulations of the collective agreement, the parties the agreement applies to and the content and effective date of the agreement. 6. Agreements may be fixed-term agreements or valid until further notice. Agreements that are valid until further notice may be terminated with a three-month notice period. 7. The agreement must be sent to the relevant labour market organisations. 8. The labour market organisations monitor the implementation of local agreements and guide the local parties, as necessary. 9. The agreement has the same legal effect as the collective agreement con- cluded between the labour market organisations. 10. Any disputes concerning the interpretation of local agreements that are based on this stipulation are resolved in accordance with the negotiation procedure agreed in the collective agreement.

Appears in 2 contracts

Sources: Employment Agreement, Collective Agreement

MISCELLANEOUS PROVISIONS Section. 40 Local bargaining‌‌‌bargaining 1. Local bargaining requires open dialogue that builds trust and a balanced bargaining position between the employer and the staff representatives. The primary operating model should be willingness to take initiative to find the best possible solutions that promote the interests of both the company and employees and their reconciliation while considering local needs. 2. At the company group level, while considering the mandatory provisions of the law, exceptions concerning the following stipulations of the collective agreement may be agreed: • notwithstanding the stipulations in section 6, it may be agreed that the regular working time is, on average, as set out in sub- section subsection 1 of section 6 (e.g. working time bank) • competence development outside the regular working time, as referred to in subsection 9 of section 6 • the monitoring period for flexible working hours, as referred to in subsection 12 of section 6 • stipulations concerning the adjusted working hours, as referred to in section 7 • exchanging overtime compensation for time off, as referred to in subsection 8 of section 12 • stipulations concerning lunch, as referred to in section 11 • stipulations concerning holiday bonus and annual leave sabbat- icalsabbatical, as referred to in sections 26 and 27. • Provisions of Appendix 5 apply to weekend work and special work locations. • Matters of Appendix 8 which may, according to section 9 of the protocol of pay discussions, be agreed differently. In case of parties other than company groups, companies have a similar right to agree. When a company belongs to a group of com- paniescompanies, the right to agree at the company level applies to the mat- ters matters referred to hereinabove for which the transfer of the right to agree on exceptions has been agreed at the company group level. The parties in local bargaining are the group of companies and the registered employee associations (Pro, YTN) for groups of under- takingsundertakings; the registered employer association and registered em- ployee employee associations (Pro, YTN) for bank groups and the employer and shop ▇▇▇▇▇▇▇/senior staff representative for companies. 3. Employee representatives participating in negotiations concerning local agreements have the right to obtain the necessary information related to the matter. 4. Negotiations are conducted with industrial peace prevailing and they are not transferred to the labour market organisation level. 5. Local agreements must be made in writing. Local agreements must state the deviations agreed to the stipulations of the collective agreement, the parties the agreement applies to and the content and effective date of the agreement. 6. Agreements may be fixed-term agreements or valid until further notice. Agreements that are valid until further notice may be terminated with a three-month notice period. 7. The agreement must be sent to the relevant labour market organisations. 8. The labour market organisations monitor the implementation of local agreements and guide the local parties, as necessary. 9. The agreement has the same legal effect as the collective agreement con- cluded concluded between the labour market organisations. 10. Any disputes concerning the interpretation of local agreements that are based on this stipulation are resolved in accordance with the negotiation procedure agreed in the collective agreement.

Appears in 1 contract

Sources: Collective Agreement