Figure 1
Retro-activity
| Netherlands | Portugal – pre 2012 | Portugal – since 2012 | |
|---|---|---|---|
| Scope | Possible to activate (part of the) CA retrospectively, but not for extensions | Possible to have enter CA retrospectively, including for extensions | Possible to activate CA retrospectively, but not for extensions |
Extensions: conditions and exemptions
| Netherlands | Portugal – pre 2012; and from 2017 | Portugal – between 2012 and 2017 | |
|---|---|---|---|
| Test of public interest | Yes - but rarely called upon explicitly | No, decision is entirely discretionary, not based on objective and verifiable criteria | No |
| Representativeness criteria | Share of workforce in signatory firms should exceed 60% (or 55% with additional scrutiny and 50% in exceptional circumstances) | No | 2012 - 2014: Share of workforce in signatory firms should exceed 50% of total employment in relevant sector. 2015 - 2017: share of workforce in signatory firms should exceed 50%; or at least 30% of employer association members (firms) should have no more than 250 employees (the latter criterion being met in almost all cases) |
| Exemptions | Application procedure to government or though dispensation rules in collective agreements | No | No |
Ultra-activity
| Netherlands | Portugal – pre 2012 | Portugal – since 2012 | |
|---|---|---|---|
| Scope | Ultra-activity of collective agreement, not for parties bound by extensions | Ultra-activity applies to both collective agreement and extensions. | Ultra-activity applies to both collective agreement and extensions. |
| Duration | Unlimited - unless stated otherwise in collective agreement | Time-limited unless stated otherwise in collective agreement: five years up to 2009 and 18 months since 2009 | Time-limited unless stated otherwise in collective agreement: 12 months |
| Application | Workers who were employed by firm prior to expiration | Workers who were employed by firm prior to expiration | Workers who were employed by firm prior to expiration |