Limits to the powers of interpretation of the joint Committees of collective agreements
Commentary on Supreme Court Ruling 1032/2024, of 17 July
DOI:
https://doi.org/10.51302/rtss.2024.24125Keywords:
collective bargaining, collective agreement, joint Commission, functions of administration and negotiation of the collective agreement, remuneration, wages, pay for objectivesAbstract
The Supreme Court Ruling of July 17, 2024, dismisses the appeal (rec. 265/2022), in relation to the interpretative power of the joint Commission of the collective agreement, to conclude that the joint Commission of application, interpretation and monitoring has not exceeded the scope attributed to its powers. The problem that underlies the legal conflict that arose is the limits of the powers of interpretation of the joint Committees of collective agreements, due to the diffuse space that sometimes separates the delimitation between the functions of administration and negotiation of the agreement. Above all, when such a task must be undertaken, as always happens with each judicial ruling, considering the specificities that each specific case incorporates. This circumstance greatly complicates any abstract division between these functions of administration and negotiation of the collective agreement.
Downloads
