Is an employee collective agreement still allowable in real estate?
An ‘Employee Collective Agreement’ is still allowable in real estate employment negotiations. … An employee collective agreement can just tie the business and representatives settling on the understanding. Associations can’t be bound to a representative aggregate understanding.
Are collective agreements legally binding?
It is not legally binding as between the parties unless in writing and stated to be so, although it may have binding consequences as between a worker and an employer if it is incorporated into the worker’s contract. Many of the statutory consequences depend upon the collective agreement being in writing.
Can a collective agreement override a contract of employment?
Collective agreements and bargaining council collective agreements will override the conditions of the BCEA in the case of a condition that may be amended as per the BCEA. If parties contractually agree to more favourable terms in a contract of employment, those terms will always be ranked above the BCEA.
What is an employee collective agreement?
An employee collective agreement is an agreement negotiated between a group of employees in a workplace and their employer. Employee collective agreements can only bind the employer and employees making the agreement. Unions cannot be bound to an employee collective agreement.
How long do collective agreements last?
A: Employees may choose to revoke a union’s bargaining rights during an “open period”. When a collective agreement is in effect and has a duration of two years or less, employees may apply during the last two months of the agreement.
What are the main categories of risk for a real estate agency?
Here are some common risks that real estate agents face, and how to protect against them:
- Omission. Everything included in the sale of a home needs to be itemized so that all parties are on the same page with the same expectations. …
- Failing to deliver service. …
- Wrongful discrimination. …
What is the difference between a collective agreement and employment contract?
Individual employment agreements are negotiated between an individual and their employer, and bind only those parties. Collective agreements are negotiated between a registered union and an employer.
Why are collective agreements not legally binding?
A collective agreement is assumed to be voluntary (i.e. not legally binding) unless it is in writing and contains a statement that the parties intend it to be of legal effect. Collective agreements may be implied or expressly incorporated into individual employment contracts.
What is the legal status of a collective agreement?
A representative trade union and an employer or employers’ organisation may conclude a collective agreement, to be known as a closed shop agreement, requiring all employees covered by the agreement to be members of the trade union.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
As long as the employer gives the full amount of notice, this is not a breach of contract. By giving notice, the employer is performing the contract, not breaching it. Nevertheless, ending contracts in this way is a dismissal, even if employees accept the new terms under protest.
Can an employer Add duties without compensation?
The law requires employers to pay men and women equal pay for equal work unless employers can demonstrate that the pay disparity between employees of different genders is fair and nondiscriminatory. An exception is when an employee is paid for “additional duties” that lower paid workers don’t perform.
Can my employer change my working hours without my agreement?
An employment contract can only be varied if there is agreement or if the terms allow it. … If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement.