Tfeu Collective Agreement

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Therefore, a provision of a collective agreement, to the extent that it sets minimum rates for service providers who are “false independents”, cannot, because of its nature and purpose, be subject to the scope of Article 101, paragraph 1, of the EUSF. In these circumstances, the result is that a provision of a collective agreement as it is in question in the principal, to the extent that it was concluded by a workers` organization on behalf of and on behalf of the independent service providers who are members, is not the result of collective bargaining between employers and workers. and cannot, by its nature, be excluded from the scope of Article 101, paragraph 1, of the TFUE. I must first point out that when unions negotiate contractual arrangements in the name and interest of workers in collective bargaining, the first condition of the Albany exception is clearly met. Like the Dutch Government and the Commission, I have serious doubts about compliance with the first condition when an agreement resulting from a collective bargaining process is negotiated (in whole or in part) on behalf of self-employed workers and concluded. Unlike cases considered by the Court of Justice in the past, the main case concerns – as noted above – a collective agreement concluded by unions representing both salaried and self-employed workers. In addition, the provisions of the agreement discussed in the main committee do not regulate the traditional aspects of the labour relationship between the employer and the worker (such as pay, working time and leave), but the relationship between the employer and another occupational category: the self-employed. On the basis of all the above considerations, I believe that collective agreements that contain provisions negotiated in the name and interest of the self-employed are not covered by the Albany exception and should not be covered. I even believe that these contractual provisions cannot be completely excluded from the scope of EU competition rules. I believe that individuals and businesses, not to mention national administrations and tribunals, need a rule that is clear in importance and predictable. The distinction between salaried and self-employed workers is relatively simple on the whole and therefore allows any authority appointed here to determine with sufficient certainty when an agreement reached by a group of professionals does not fall within the scope of Article 101 of the TFUE and, if not.

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