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- Publisher
- Brill
- Copyright
- Copyright © Koninklijke Brill NV, Leiden, The Netherlands
- eISSN
- 2211-6028
- DOI
- 10.1163/221160296X00515
- Publisher site
- See Article on Publisher Site
Abstract
Collective bargaining- authority of legislature to regulate matters governed or potentially governed by collective agreements HEADNOTES Facts The collective agreement for federal employees contains special provisions regarding persons employed for fixed periods, for tasks of limited duration and for temporary work (SR 2 y); according to these provisions, fixed-term employees may only be appointed when such an appointment is justified by objective grounds or reasons related to the person of the employee. A legislative provision adopted later than the collective agreement - section 57 a of the framework legislation governing higher education - states, on the contrary, that "The conclusion of employment contracts for a fixed period with academic and artistic collabora- tors, with staff having medical tasks, with teachers having special tasks and with academic assistants is governed by sections 57 b to 57 f. Labour law provisions and principles regarding fixed-term contracts of employment shall be applied only insofar as they do not conflict with the provisions of this Act". While case law has interpreted the requirement of "objective grounds" in the meaning of the collective agreement very strictly, a fixed-term appointment is considered to be objectively justified under the Act whenever the activity is useful
Journal
International Labour Law Reports Online – Brill
Published: Jan 1, 1995