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2. Where a collective agreement does not contain provisions covering the cases referred to in paragraph 1(1), (2), (4) or (5) and there is no other collective agreement, such an agreement may be concluded in a company agreement. While this provides an incentive to circumvent the traffic light decision, according to the case study, workers are trying to abdicate under the terms of the company agreement and take responsibility for the health of their account. In the public sector, agreements between the Agency and the Staff Council are referred to as “service contracts”. Since the mid-1980s, the company agreement has become increasingly important in Austria as an instrument for regulating working and employment conditions in the context of the general trend towards greater flexibility. In particular, many sectoral collective agreements contain opening clauses that aim to allow for greater flexibility in working hours. These clauses authorise management and works councils to conclude, within the general framework laid down in collective agreements, employment contracts governing certain working hours. Recently, such delegation clauses have also been agreed for certain sectors in order to increase wage flexibility. The three committees have reached a working agreement which, among other things, regulates the donation procedure and the use of funds. ( 4 ) Unless otherwise provided for in the collective agreement or works agreement, the provisions of paragraph 1(1) to (3) shall apply for the first time at the next ordinary elections to the works council, unless there is no works council or the works council is re-elected for other reasons. Defined in Austrian law (Constitutional Labour Act, section 29) as a written agreement between the employer and the works council (or combined works council, works council or group works council) on matters the regulation of which is reserved for these agreements by law or collective agreement. This means that the parties to the operating contracts do not have unlimited regulatory jurisdiction, but can only regulate matters whose regulation has been delegated to the parties concerned by the law or a collective agreement. This competence almost always includes so-called social affairs, i.e.
matters in which the employer has important rights for employees, such as the introduction of computerised personnel information systems, the fixing of the start and end times of daily working time (see working time/working time: flexible working hours), the duration and planning of breaks and the distribution of working time over the days of the week, the introduction of staff questionnaires and follow-up measures or technical equipment to monitor the performance of the adaptation of work to human needs, etc. However, responsibility for fixed (basic) remuneration is not delegated by law to the parties to operating contracts. .