Amended provisions of collective agreement disadvantageous to workers - effect - unorganised workers - retroactivity HEADNOTES Facts The appellee was formerly employed in the railway insurance department of a non-life-insurance company. When that department was taken over by the appellant company, he became its employee on 1 February 1965. At that time he entered into an employment contract with the appellant company, which recognised that the collective agreement and work rules applicable at the railway insurance department would have effect until a new agreement was concluded. This meant that his mandatory retirement age was 63, although the retirement age of other employees of the appellant company was 55 under a collective agreement between that company and the enterprise union. The company subsequently negotiated with the labour union with a view to unifying working conditions. On 11 July 1983 they concluded an agreement unifying the mandatory retirement ages and amending the provision regarding the calculation of retirement allowances. On the same day the work rules were also amended, to correspond to the provisions of the new agreement. The new agreement and work rules had the following provisions: (1) The mandatory retirement age would be 57. Retirement allowance would be
International Labour Law Reports Online – Brill
Published: Jan 1, 1995
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