The concept of collective bargaining agreement

A collective bargaining agreement is a particular form of collective labor law that combines the characteristics of a contract, but with binding effects on third parties (a source of law). The elements of the concept are: a voluntary agreement between specific parties (representatives of workers and...

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Autor principal: Mangarelli, Cristina
Formato: Artículo publishedVersion
Lenguaje:Español
Publicado: Departamento de Derecho del Trabajo y de la Seguridad Social, Facultad de Derecho, Universidad de Buenos Aires 2025
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Acceso en línea:http://revistas.derecho.uba.ar/index.php/revista-dtss/article/view/2967
https://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=seguridad&d=2967_oai
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Sumario:A collective bargaining agreement is a particular form of collective labor law that combines the characteristics of a contract, but with binding effects on third parties (a source of law). The elements of the concept are: a voluntary agreement between specific parties (representatives of workers and employers) to establish working conditions. The clauses comprising the collective bargaining agreement are normative, obligatory, and other types. The legal nature of the collective bargaining agreement is dual (it contains a contractual component and another component with rules that apply as objective law). While the traditional concept of a collective bargaining agreement applies only to dependent workers, new forms of work organization have led to an adjustment of the concept to include self-employed workers and workers in intermediate categories.