S.L. 452.135 Art. 4Promotion of collective bargaining.

(1) With the aim of increasing collective bargaining coverage and facilitating the exercise of the right to collective bargaining on wage-setting, the Minister, with the involvement of the social partners, in accordance with national law and practice shall:

(a) promote the building and strengthening of the capacity of the social partners to engage in collective bargaining on wage-setting, in particular at sector or cross-industry level;

(b) encourage constructive, meaningful and informed negotiations on wages between the social partners, in an equal manner, where the employers and trade unions have access to appropriate information in order to carry out their functions in respect of collective bargaining on wage-setting;

(c) take measures, as appropriate, to protect the exercise of the right to collective bargaining on wage-setting and to protect workers and trade union representatives from acts that discriminate against them in respect of their employment on the grounds that they participate or intend to participate in collective bargaining on wage-setting;

(d) take measures, as appropriate, to protect trade unions and employers’ organisations participating or intending to participate in collective bargaining against any acts of interference by each other or each other’s agents or members in their establishment, functioning or administration:

Provided that if the collective bargaining coverage rate is less than a threshold of eighty percent (80%), the Minister shall provide for a framework of enabling conditions for collective bargaining, either by law after consulting the social partners or by agreement with them:

Provided further that an action plan shall be established after consulting the social partners or by agreement with the social partners or, following a joint request by the social partners, as agreed between the social partners:

Provided further that the action plan shall be regularly reviewed at intervals which are not longer than five

(5) years:

Provided further that the action plan shall be made public once it is established or updated.

(2) The action plan shall contain a timeline and targets to address the concern of progressively increasing the rate of collective bargaining coverage, in full respect for the autonomy of the social partners.