Collective agreements should bind the signatories and those in whose name the agreement is concluded. Employers and workers bound by a collective agreement should not be able to include provisions in employment contracts contrary to the provisions of the collective agreement29.29 It should be recalled that the ILO`s Freedom of Trade Union Committee stressed the importance it attaches to the principle that employers and trade unions should negotiate in good faith and seek agreement. 27 It is generally accepted that the obligation to promote voluntary bargaining in order to regulate the terms of employment by collective agreements implies the obligation to guarantee the right of the parties concerned to negotiate collective agreements. If national circumstances require it, it may also involve the need to provide for a number of subsidiary legal obligations so that the right to collective bargaining can be effectively exercised in practice, including the obligation, under certain conditions, to recognize the party to collective bargaining and to negotiate in good faith with that party. Collective bargaining legislation often contains provisions relating to collective agreements themselves. As a general rule, these provisions cover the following issues: The legislation in this area generally provides that the agreements are concluded in writing, that the contracting parties indicate the contracting parties, are signed by representatives of the parties and that the date of their entry into force is indicated. They sometimes require parties to include provisions on specific substantive issues, such as dispute resolution procedures arising from the agreement.B. The priority objective of national policy in this area should be to promote and promote free and voluntary collective bargaining that would guarantee the greatest possible autonomy to the parties, while defining a legal framework and administrative structure to be used on a voluntary and mutually agreed basis, in order to facilitate the conclusion of collective agreements6. which are not directly applicable, are mainly found in countries where collective bargaining is widespread at the industrial level. Legislation providing for this practice generally sets out a number of conditions for the representativeness of the parties to the agreement with respect to those to whom it would apply, the requirement for a prior request from one or both parties to the agreement and consultation with representatives of those to whom it would be extended. Recommendation 91, paragraph 5, paragraph 2, states that effective collective bargaining involves stimulating dialogue and promoting consensus.26 A number of countries have sought to do so by establishing a legal obligation in legislation that would require the parties to participate fully in the negotiations at the negotiating table. The purpose of this type of obligation is to ensure that the parties have every opportunity to reach an agreement.
In some cases, this obligation is limited to the obligation to negotiate, in others it is expressed as a duty of good faith in good faith.